QUESTION
What are the agencies' concerns regarding the retroactive implementation of Intro 69?
0:52:42
·
5 min
Council Member Lincoln Restler discusses with Commission on Human Rights representatives the challenges and possibilities of implementing retroactive legislation to protect employees' rights via Intro 69.
- Hillary Scrivani and JoAnn Kamuf Ward express the Commission's concern about the broad scope of applying legislation retroactively.
- Restler cites federal legislation and a New Jersey Supreme Court ruling to argue for the necessity of retroactive application to combat discrimination and harassment.
- The Commission is committed to supporting public policies that protect employees from discrimination but needs to consult with the law department on the feasibility of a narrow approach to retroactivity.
Lincoln Restler
0:52:42
I just wanted to follow-up on interim 69.
0:52:46
Appreciate the administration support of our public policy in here.
0:52:50
So thank you for that.
0:52:52
I did just wanna go a little bit back and forth on the concern relating to retroactivity.
0:52:57
If it appears that's your primary concern with the legislation, is that right?
Hillary Scrivani
0:53:01
Yes.
0:53:01
That's correct.
Lincoln Restler
0:53:02
I love simple answers.
0:53:05
Yes and no answers make bring me joy.
0:53:09
We so rarely get it at our hearings.
0:53:11
But I digress.
0:53:13
So I feel very strongly that this bill should absolutely apply retroactively the legislation's the current policies of certain large employers are against the public policy of the city of New York.
0:53:33
Are you familiar with the ending forced arbitration of sexual assault and sexual harassment act of 2021, the federal legislation, which fat, which determined that preexisting agreements to such claims were unenforceable.
Hillary Scrivani
0:53:52
Thank you for your question council member.
0:53:55
As far as federal legislation, I'm I'm aware of it, but we don't, you know, we don't work with federal law, so be on that.
0:54:00
You know, but I am aware of it.
Lincoln Restler
0:54:03
I would also ask, have you followed the New Jersey Supreme Court's state Supreme Court's ruling that contracts against public policy are able to be that contracts that are against public policy can be that we can pass legislation to enforce them retroactive.
0:54:25
We can past legislation to enforce retroactively the contracts that have been signed that are against public policy that undermine those contracts.
Hillary Scrivani
0:54:35
Thank you for your for your question.
0:54:38
The in speaking about two things you mentioned, court case and legislation.
0:54:47
I'm not aware of any legislation or the administration.
0:54:51
Aware of any legislation out of New Jersey thinking about a court case.
0:54:56
You know, those tend to be based on specific set of facts or specific contracts, I think, with this bill and the reason that the administration is you know, analyzing how it works out with with contract law is that it's very broad in scope.
0:55:14
It's applying to all sorts of contracts that have these provisions, even ones where the they had been negotiated by the parties.
Lincoln Restler
0:55:25
I raised the New Jersey example just to cite that the New Jersey Supreme Court specifically found that contracts that undermined their state human rights law that diminished and undermined the rights and protect actions of workers in their state could were against public policy and that as they applied the the existing contracts that were in place were not enforceable.
0:55:58
And we believe that any contract that has been signed by an employee that is against that undermines the protections that are guaranteed in the city's human rights law should be not only unenforceable and void, but and that we want to make sure that that is retroactively enforced.
0:56:20
And we recognize that as a broad scope and mandate, but the the human rights law has a broad scope and mandate as the deputy commissioner testified.
0:56:29
And as we all know well.
0:56:30
And I think it would be a real harm to workers in the city of New York if we did not do everything in our power to protect their rights, to hold employers accountable, who have discriminated against them, who have harassed them.
0:56:49
And if we fail to impose retroactive applicability, then we have failed those employees.
Hillary Scrivani
0:57:01
Thank you.
0:57:02
Council member for sharing that.
0:57:03
The commission is committed to making sure that employ employees who have experienced discrimination can seek redress that, and we do support the public policies, and we are eager to to discuss further, dispel, and work with you there.
Lincoln Restler
0:57:18
Do you think there is a if you're concerned about us taking such a broad approach on retroactivity, is there a narrower approach that you would recommend?
JoAnn Kamuf Ward
0:57:34
Yeah.
0:57:34
I think I would just say that we would need to consult with the law department and see proposed language to be able to opine on that, but I think we're very interested in moving some of these aims forward and want to stay in dialogue with you about that and bring the law department into the conversation as well.
Lincoln Restler
0:57:53
Okay.
0:57:54
Okay.
0:57:54
No further questions.
0:57:55
Thank you so much.
