Eric Sanders, Esq., of 腦瞳憫. discusses how to file an employment discrimination complaint

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The (Title VIII of the ) prohibits discrimination in the sale, rental and financing of dwellings based on race, color, religion, sex or national origin. It was amended in 1988 by the Amendments Act to include

��� expanded coverage which prohibited discrimination based on disability or on familial status (presence of child under age of 18, and pregnant women);

��� established new administrative enforcement mechanisms with (HUD) attorneys bringing actions before administrative law judges on behalf of victims of ; and

��� revised and expanded the jurisdiction in bringing suits on behalf of victims in .

With HUD expanded enforcement role beyond investigation and conciliation, it has resulted in new complaints that are investigated by the (FHEO). If a complaint is not successfully conciliated then FHEO will determine whether reasonable cause exists to believe that a discriminatory housing practice has occurred. The Housing and Urban Development will notify the complainant with the issuance of Determination as well as a Charge of Discrimination in cases where reasonable cause is found and a hearing is scheduled before a HUD administrative law judge. However, either party the complainant or respondent can terminate the HUD proceeding and opt to file a lawsuit and have it litigated in Federal Court. In that case, the Department of Justice will act as counsel for HUD and seek resolution for the aggrieved parties.

It was the landmark case of Co., 392 U.S. 409 (1968) that barred race as a factor in a rental or sale of property public or private. In this case the petitioner Joseph Lee Jones, a Negro filed a complaint in the District Court alleging that respondent a real estate company, Alfred H. Mayer Co. refused to sell him a home in a particular neighborhood because of his race and sought injunctive and other relief. The petitioner and his wife relied in part on , which provides that all citizens “shall have the same right, in every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property.”

The District Court dismissed the complaint and the Court of Appeals affirmed the decision holding that Section 1982 applies only to state actions and does not reach private refusals to sell. The case was argued before the Supreme Court on April 1st and 2nd in 1968, with the question before the Justices being whether purely private discrimination unaided by any governmental action violates Section 1982 as well as to determine the scope and constitutionality of the Act of Congress under the .

The Court in siding with Jones determined that it was Congress intention in Section 1982 to prohibit all discrimination against blacks in the sale and rental of public and private property and the Thirteenth Amendment authorized Congress to ���do more than merely dissolve the legal bond by which the Negro slave was held to his master; it gave Congress the power rationally to determine what are the badges and the incidents of slavery and the authority to translate that determination into effective legislation.���

Thus, Congress was acting within its scope in enacting legislation eliminating racial barriers in the sale or rental of private and public property.

It is important to note that although this writing focuses on HUD, there are many other forms of housing discrimination and depending upon the types of housing discrimination complaints may be filed with other federal, state and local government agencies.

If you believe that, you are the victim of housing discrimination, contact 腦瞳憫. in New York. We will review your claim thoroughly, providing you with an outline of possible actions you may wish to take. We are ready to be your voice for justice.

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In addition to the laws that are enacted and are applicable throughout the State of New York, the City of New York has been very progressive enacting several expansive anti-discrimination laws.  In many respects, the New York City Human Rights Law (NYCHRL) and the New York State Human Rights Law (NYSHRL) are very similar in structure, legislative intent and application.  Laws enforced under the NYSHRL may be adjudicated administratively at the New York State Division of Human Rights (NYSDHR).  The NYSHRL may also be enforced by filing a lawsuit in federal or state court.  Laws enforced under the NYCHRL may be adjudicated administratively at the New York City Commission on Human Rights (NYCCHR).  The NYCHRL may also be enforced by filing a lawsuit in federal or state court.

The NYCHRL prohibits discrimination in employment, housing and public accommodation on the basis of race, color, sex, religion, national origin, marital status, citizenship status, gender, gender identity, sexual orientation, disability, etc.  The NYCHRL also prohibits discrimination in employment on the basis of arrest or conviction record.  The NYCHRL prohibits retaliation.  Recently, through the New York City Local Civil Rights Restoration Act of 2005, the NYCHRL was enacted to further enhanced and broadened  protections relative to both the federal laws and the NYSHRL counterparts.

In Gina Williams v. New York City Housing Authority, et al., 61 AD3d 62 January 27, 2009.  The Court held that, the Restoration Act notified courts that (a) they had to be aware that some provisions of the NYCHRL were textually distinct from its state and federal counterparts, (b) all provisions of the NYCHRL required independent construction to accomplish the law’s uniquely broad purposes, ^[and (c) cases that had failed to respect these differences were being legislatively overruled. In short, the text and legislative history represent a desire that the NYCHRL ���meld the broadest vision of social justice with the strongest law enforcement deterrent.���  The Court then affirmed the lower Court���s dismissal because the Pro See plaintiff did not raise the misapplication of the law during her appeal.

In Howard Hoffman v. Parade Publishing, et al., 2010 NY Slip Op 05706 decided July 1, 2010, the court held that the protections of the NYCHRL would be available to an employee that resides in the City of New York, even if the employer is located outside of the City of New York if, its��� decision had an ���impact��� within the City of New York.

In Daniel M. Maffei v. Kolaeton Industry, Inc. et al., the court held that the NYCHRL applied to prohibited discrimination against transgendered individuals.
To file a discrimination complaint with the New York City Commission on Human Rights, please call 311 if you are located within the City of New York or 212-306-7450

CCHR Community Service Centers

Manhattan
40 Rector Street, 10^th Floor
New York, N.Y. 10006
212-306-5070
Brooklyn
275 Livingston Street, 2^nd Floor
Brooklyn, N.Y. 11217
718-722-3130
Bronx
1932 Arthur Avenue, Room 203A
Bronx, N.Y. 10457
718-579-6900
Queens
153-01 Jamaica Avenue, Room 203
Jamaica, N.Y. 11432
718-657-2465
Staten Island
60 Bay Street, 7^th Floor
Staten Island, N.Y. 10301
718-390-8506

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Under Federal, State and some local laws, it is illegal to discriminate against an individual for their:
��� Ethnicity
��� Skin color, or related facial features
��� Country of origin
��� Age
��� Sex
��� Religious beliefs
��� Political alignment
��� Arrest and conviction record

What constitutes discrimination?

An act constitutes discrimination if you are subjected to treatment that is different from that way others are treated. The differentiation must be in a negative or adverse manner to be considered discrimination; if, due to your race, religion, or status, you are subjected to extra special service, or some other positive act, although you may have been treated differently, the act does not constitute discrimination. Examples of discrimination include:
��� Being refused service at a restaurant due to your skin color
��� Not being hired for a job due because of your religious beliefs
��� Other employees are promoted over you, despite your being more qualified due to your race
��� Being refused entrance into an establishment due to your country of origin
��� Having to resign from your employment, due to unwarranted sexual gestures and advances towards you
��� Being fired from your job after your employer learns that you have different political views
��� Being fired from your job due to your sexual orientation
��� Not receiving service from an employee or business with anti-war views, upon their learning of your status as a veteran
��� Being turned down for a job, despite being qualified, due to your marital status
��� Not being allowed to enter a church after being charged with a crime

What do I need to file a discrimination complaint?

If you plan on filing a discrimination complaint, it is imperative that you document as much as possible. For example, if you have been discriminated against while applying for a job, prepare all the documents relevant to your job application process. If you were treated unfairly at a business establishment, keep receipts or other relevant material. If you are able to take photographs or video, related to the act of discrimination against you, due so. Write down the names of the offender as well as witnesses including the surrounding circumstances.

How do I file a discrimination complaint?

Before filing your complaint, you may want to consult with an attorney. When considering legal advice, it would serve you well to consult with an attorney that handles discrimination cases. The attorney will consider your claims then suggest ways to meet your legal needs.
Complaints about discrimination covered under may be filed with the federal government. To file a complaint with the , please contact the online. In New York, you may file in person at 33 Whitehall Street, 5th Floor New York, N.Y. 10004.

Complaints about discrimination covered under New York State Executive Law 296, may be filed with the state government. To file a complaint with the , please contact the online. You may file in person but, see the website for further information as the filing locations vary depending on the type of discrimination and the location.

Complaints about discrimination covered under New York City Administrative Code 8-107, may be filed with the City of New York. To file a complaint with the New York City Commission on Human Rights, please contact the online. You may file in person but, see the website for further information.

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The United States Department of Housing and Urban Development (HUD) is a government agency that oversees home mortgage lending practices. This department���s main objective is to make ensure that all citizens have access to affordable housing.

Housing Discrimination

The Department of Housing and Urban Development main goal is to ensure that all citizens have the right to purchase and own a house. It is illegal, under Federal law, to discriminate against an individual on the basis of his or her

• ethnicity or race
• skin color and facial features
• country of origin
• religious or spiritual beliefs
• political alignment or affiliation
• sex or sexual orientation
• familial or marital status
• physical disability

If you have encountered discrimination due to any of the factors listed above while attempting to acquire a home, you may be able to file a Housing Discrimination Complaint. Housing discrimination is a violation of your civil rights. Some examples of housing discrimination are:

• A landlord evicting a family that belongs to a racial minority, in favor of an incoming tenant, on the sole basis of the current occupant(s)���s race
• A homeowner refusing to sell a home to a family or individual because of the buyer���s religious or political beliefs
• A real estate developer telling a family that they are only allowed to purchase houses in a certain part of a housing subdivision or community, due to their ethnicity
• A real estate advertisement that indicates a preference or predisposition towards or against a certain race
• A landlord informing a family that belongs to a racial minority that they have no units available, despite accommodations actually being available
• A landlord disallowing the installation of a wheelchair-accessible ramp, at the renter���s expense, to facilitate the needs of a tenant who requires a wheelchair for transportation

The Fair Housing Act
The Fair Housing Act, passed in 1968, is designed to protect the rights of individuals who wish to purchase or lease a home. Under the Fair Housing Act, it is illegal for a landlord or seller to discriminate against individuals that belong to a group. The Act applies to landlords who rent or lease rooms or space in their own home, provided that their home includes accommodations intended for the lease of at least three independent families. The owner of a five-unit townhouse who also lives in the building would is subject to the Fair Housing Act; a homeowner renting out one spare room is not.

One of the primary objectives of the Fair Housing Act is to create a housing market where the background of an individual is not used to exclude them from the housing market.

Filing a Complaint
If you believe that you have been subjected to housing discrimination, you may file a complaint with the Department of Housing and Urban Development. Before filing a complaint, it may be a good idea to consult with a lawyer that handles discrimination cases.

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