TESTIMONY
JoAnn Kamuf Ward, Deputy Commissioner of Policy and External Affairs, Commission on Human Rights on Addressing Discrimination and Advancing Equity
0:15:22
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7 min
JoAnn Kamuf Ward presents the Commission on Human Rights' efforts in combating discrimination in employment, housing, public accommodations, and access to credit.
- Discusses the commission's dual mandate and its strategic outreach and education to raise awareness of human rights law protections.
- Highlights recent amendments to human rights law aimed at promoting equitable employment and preventing salary and credit history discrimination.
- Details initiatives to combat housing discrimination and inform New Yorkers about new anti-discrimination laws.
- Voices support for proposed legislation aiming at ensuring equitable access to credit and addressing coercive contract terms in discrimination claims.
- Expresses the Commission's commitment to collaborating with the NYC City Council and other stakeholders to advance equity and combat discrimination.
JoAnn Kamuf Ward
0:15:22
First, great job with the name pronunciation.
0:15:25
It's a challenge.
0:15:26
Thank you.
0:15:27
Good morning, chair, Williams, chair, Menin, public advocate, Williams.
0:15:32
Councilman, Joseph, councilman, wrestler, committee staff and everyone who's put together this this hearing this morning.
0:15:39
I'm drawing camera Ford.
0:15:40
I'm deputy commissioner of policy and external affairs at the commission on human rights joined with by Hillary, as Jessica mentioned.
0:15:49
We're very thankful and honored to be here for this important topic.
0:15:53
These are large scale challenges, which take local government, federal government, state government, and many stakeholders to address, and we're excited to highlight some of the commission's work that addresses discrimination and advances equity and to be here with DCWP as well.
0:16:11
So I think as as many people on the council side know the human rights law prohibits discrimination on the basis of more than 25 protected categories, and housing employment, and public accommodations.
0:16:24
And in the past year, the human rights law was expanded to address critical barriers to equity for New Yorkers.
0:16:30
I'm gonna give a brief overview of our dual mandate and the human rights laws, provisions specifically that operate to address historical and ongoing disparities with a focus on employment and housing, and there's more detail on our structure in my written testimony.
0:16:45
First, the commission engages in outreach and education to raise awareness the human rights laws, protections, and to strengthen relationships with and between communities through events, workshops, and trainings.
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This is done primarily through our community relations bureau.
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Engaging with and hearing from New Yorkers, are critical components of preventing discrimination and translating legal protections into tangible change for community members.
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To this end, we've engaged in participatory research projects to inform our work over the past decade.
0:17:18
2nd, individuals who believe they have experienced discrimination or harassment in violation of the human rights law can report discrimination directly to the commission's law enforcement bureau or they can choose to file a complaint in state or federal court.
0:17:32
If individuals come to the commission, the law enforcement bureau launches investigations, can initiate complaints can enter settlements and can take cases to administrative trial to address discrimination.
0:17:44
If appropriate individuals also choose alternate forms to seek or address at the state or federal level.
0:17:51
The highest number of claims that come before the law enforcement bureau relate to the protected categories of disability and gender.
0:17:59
In light of today's topic, I want a spotlight portions of the human rights law and the commission's work that address barriers to equity.
0:18:06
So starting with the workplace, which is where we see the highest number of claims in law enforcement, human rights law has a number of provisions that enhance equitable hiring and employment for New Yorkers.
0:18:17
The human rights law was amended in 2022 to require that employers post a good faith wage range and job ads.
0:18:24
This provision complements the prohibition on employer inquiries into applicant's salary history during the hiring process.
0:18:31
Additionally, the human rights law prohibits employers from asking about a job applicant's credit history, which is relevant, I think, to today's hearing topic and prohibits employers from asking questions regarding an applicant's involvement with the criminal legal system until after an employer makes a conditional offer.
0:18:47
Together, these provisions address practices that have long contributed to wage disparities and hindered access to opportunities and economic mobility for women and people of In the arena of housing discrimination, the commission has long standing expertise.
0:19:03
The law has some of the most expansive protections the nation, and housing is one of the most active areas of enforcement, specifically preventing and addressing voucher discrimination, which I know is a priority for this council.
0:19:16
The commission is also currently preparing outreach efforts to inform all New Yorkers that New York City will prohibit discrimination on the basis of criminal history and housing beginning in 2025.
0:19:27
That's a result of the Fair Chance Housing legislation adopted in December of last year.
0:19:32
The human rights law also prohibits discrimination in all aspects of the sale and rental of housing.
0:19:38
Finally, the human rights law prohibits public accommodations from discriminating against individuals on the basis of our protected category.
0:19:46
I will now turn to the proposed legislation.
0:19:50
As mentioned already, intro 401 seeks to address discriminatory lending by amending the city Human Rights Law to prohibit differential rates for loans and credit issued in New York City on the base of several protected categories.
0:20:02
401 also requires the commission to undertake a number of tests and investigations regarding regulatory lending practice.
0:20:10
The administration supports the goal of ensuring equitable access to credit and the objective of cultivating intergenerational wealth for all New Yorkers regardless of identity.
0:20:21
The administration is currently reviewing the complex arena of credit, which is largely regulated by federal and state laws.
0:20:28
And where an array of government entities have oversight authority to identify and address discrimination and other aspects of credit, which have also been mentioned already this morning.
0:20:38
This hearing is a welcome opportunity for the administration and the commission to hear from stakeholders on this important topic.
0:20:45
Turning to intros 242279, the administration's positions on these bills establishing a truth and reconciliation process and a reparations task force remain as expressed in the testimony by the mayor's office of equity and racial justice at the Juneteenth package, the bill package hearing this past September.
0:21:04
In summary, the administration supports a truth healing and reconciliation process and a task force to study reparations.
0:21:12
But as detailed by Commissioner Sherman would like to see greater alignment between the the 2 efforts an extension of the timeline for both reparations and truth and healing and wants to ensure adequate resources and expertise are embedded into these efforts because they are are significant and can be transformative for for New York City.
0:21:35
Intro 69 would render unenforceable and void any and all agreements that shorten the statute of limitations for filing a case with the commission or filing a complaint in court, including agreements that are already in place.
0:21:49
The administration supports the public policy aim of preventing coercive contract terms that contravene the rights of New Yorkers to pursue claims of discrimination.
0:21:58
The law department continues to review how the current draft comports with constitutional contract law principles and New York case law.
0:22:07
In doing so, the administration is specifically analyzing legal considerations regarding the bill's retroactive application to contract that are already in place.
0:22:18
The administration looks forward to working with counsel to ensure New Yorkers maintain the ability to vindicate their rights.
0:22:25
And in closing, the commission is committed to preventing and combating discrimination in New York City.
0:22:30
We appreciate the council's attention and commitment to addressing these issues, and we welcome your questions today and your partnership moving forward.
