Protects Unemployed’s Right To Find Work
The City Council voted last Wednesday, Jan. 23, to prohibit employers from using a person’s employment status in a hiring decision and ban the posting of job advertisements that require applicants to be currently employed.
Proposed by City Council Speaker Christine C. Quinn in her State of the City address last year, this legislation is the first of its kind in the nation, providing a private cause of action for those unjustly discriminated against because they are unemployed.
The Council also voted to require gas stations to post signage to clearly indicate differential pricing for credit, debit cards and cash purchases and what those prices are. Many gas stations offer a discount for using cash to make a purchase, but often station signs only display the discounted cash price as a means to attract customers. However, before customers purchase gas, they should be aware of how much it will cost them.
The Council also voted to clarify the public reporting requirements for membership organizations, labor unions and corporations that make independent expenditures in city elections.
Unemployment discrimination
At 9.4 percent in 2012, New York City’s unemployment rate far exceeds both the national and the New York State averages. Of those who are unemployed, more than half (51 percent) were actively seeking work for more than six months and nearly a third (29 percent) were still actively looking for work after searching for more than a year.
This bill would make it illegal under human rights law for an employer to base a hiring decision on an applicant’s unemployment without a substantially job-related reason for doing so. It will also make it unlawful for employers to post in job advertisements that current employment is a requirement, or that unemployed applicants will not be considered for the position.
Under the legislation, an individual who believes he or she has been wrongfully discriminated against will be able to take action in court or make a complaint to the Human Rights Commission. The commission will have the authority to order the employer to stop discriminatory practices, require discriminated applicants to be hired and subject the employer to penalties if they fail to comply with the commission’s orders.
The bill recognizes that there are circumstances where an employer could reasonably consider an applicant’s unemployment by explicitly permitting employers to consider employment status in certain cases. For example, an employer may consider whether an applicant has a current or valid professional license; a certificate, permit or other credential; or a minimum level of education or training.
Additionally, “small businesses,” meaning those with fewer than four employees, would not be subject to private rights of action for unemployment based discrimination. Small businesses would, however, be subject to the prohibition against discriminatory advertising.
“Discrimination is wrong in all its forms, and we cannot-and will not-allow New Yorkers who are qualified and ready to work have the door of opportunity slammed in their faces,” said Quinn. “This bill will stop unfair hiring practices that are hurting New Yorkers who are trying to get back on their feet. Today, we will vote to remove unnecessary obstacles that job seekers simply should not have to face.”
Gas pricing signage
As the price of gas steadily increases, consumers need to be equipped with as much information as possible. This bill would ensure that consumers have more pricing information when they patronize gas stations.
The legislation passed by the City Council last week would require all gas stations to maintain a sign, poster or placard advertising the selling price of gasoline that is visible to drivers of approaching vehicles. It would also require all gas stations to clarify on these road signs any price differences that may exist between purchases made using cash, credit, debit or other form of non-cash payment.
Gas stations that charge cash-paying customers less would be required to post the total selling price for each type of payment. Language distinguishing the price for cash and noncash purchases must be written in letters no less than half the size of numbers displaying the price.
Campaign finance
Finally, the campaign finance bill passed by the City Council exempts certain communications from the independent expenditure reporting requirements of the city’s campaign finance law. The exemption applies to internal communications between membership organizations-such as civic groups and unions – and their members, and between corporations and their shareholders.
The bill is supported by the city’s major good government groups that will protect speech, maximize participation in the electoral process and continue to protect voters from anonymous political spending.
