2016 Decisions and Orders

The Commission's Office of the Chair (OC) is responsible for issuing final Decisions and Orders after a trial and interim orders on issues that may arise before trial. After the trial, the Administrative Law Judge (ALJ) issues a Report and Recommendation, which may include findings of fact, decisions of law, and recommendations on damages and civil penalties. The OC reviews the matter, including the trial transcripts, evidence presented at trial, ALJ's Report and Recommendation and any post-trial comments or objections de novo, and then issues its Decision and Order, adopting or rejecting – in whole or in part – the ALJ's Report and Recommendation.

Click on the case to see the full text of the decision and order.

Jordan v. Raza, 06/07/2016: In Commission on Human Rights ex rel. Jordan v. Raza, a taxi driver was found to have refused service to a black woman and her two daughters, which constitutes unlawful discrimination on the basis of race and color in a place of public accommodation, in violation of the NYCHRL. Drawing on principles of restorative justice, recognizing the limitation of monetary awards in addressing the harm caused by discrimination, and consistent with its discretion under Section 8-120 of the Administrative Code to "require the Respondent to take such affirmative action as, in the judgment of the commission, will effectuate the purposes of this chapter," the Commission ordered that the Complainant consider the possibility of a mediated apology or other form of alternative resolution in lieu of an award of $7,000 in emotional distress damages. The Commission further ordered that the Respondent perform 229 hours of community service or pay civil penalties of $7,000. In addition, the Commission required the Respondent to undergo training on the NYCHRL. Following issuance of the Decision and Order, the Complainant opted to receive a monetary award and Respondent failed to report for community service. The Commission therefore issued a supplemental order directing Respondent to pay the previously assessed damages and fine.

Spitzer v. Dahbi, 06/07/2016: In Commission on Human Rights ex rel. Spitzer v. Dahbi, a taxi driver was found to have chastised two lesbian passengers and told them that he would not transport them if they kissed in his cab. Such conduct was held to violate the NYCHRL's prohibition on discrimination on the basis of sexual orientation in a place of public accommodation. Drawing once again on principles of restorative justice, the Commission ordered that the Complainants consider the possibility of a mediated apology or other form of alternative resolution in lieu of an award of $7,000 in emotional distress damages. The Commission further ordered that the Respondent perform 164 hours of community service or pay civil penalties of $5,000. In addition, the Commission required the Respondent undergo training on the NYCHRL. Following issuance of the Decision and Order, the Complainants opted for a restorative justice remedy in lieu of the payment of damages, and Respondent agreed to perform community service in lieu of payment of a fine.

Stamm v. E&E Bagels, Inc., 04/20/2016: In Commission on Human Rights ex rel. Stamm v. E&E Bagels, Inc., a restaurant was found to have denied services to a patron because she was accompanied by a service dog which, under the NYCHRL, constitutes an unlawful failure to accommodate a disability in a place of public accommodation. Here, the Commission awarded $7,000 in emotional distress damages to the Complainant and imposed a civil penalty of $7,000. In addition, the Commission required the Respondents to post a Notice of Rights under the NYCHRL and undergo training on the law.

Howe v. Best Apartments, 03/14/2016: In Commission on Human Rights ex rel. Howe v. Best Apartments, a large real estate broker was found to have discriminated against a prospective tenant on the basis of his lawful source of income when, in violation of the New York City Human Rights Law ("NYCHRL"), the broker refused to show apartments to the prospective tenant because he sought to use a Section 8 housing voucher. Here, the Commission awarded $2,500 in emotional distress damages to the Complainant and ordered a civil penalty of $100,000, taking into account the Respondents' size, sophistication, refusal to participate in the administrative process, and need for future deterrence. In addition, the Commission required the Respondents to post a Notice of Rights under the NYCHRL and undergo training on the law.