Archives of the Mayor's Press Office

FOR IMMEDIATE RELEASE
Date: Tuesday, February 27, 2001

Release # 061-01

 
Contact: Sunny Mindel / Michael Anton
(212) 788-2958




MAYOR GIULIANI VETOES BILL THAT DUPLICATES PROVISIONS ALREADY PRESENT IN CITY CHARTER

Remarks by Mayor Giuliani at Public Hearing on Local Laws


The first bill before me today is Introductory Number 165--A, sponsored by Council Member Freed and ten of her colleagues. The bill would amend the City's Administrative Code by prohibiting New York City contractors from discriminating against their employees. The bill would also provide employees and the City with the means to take action against discriminatory contractors.

While this legislation is well intentioned, it is nonetheless superfluous. As you can see from chart "A" beside me, the City Charter already prohibits City contractors from violating any federal, State or local anti-discrimination laws, including the City's Human Rights Law. The Human Rights Law explicitly forbids employers from discriminating against employees on the basis of, among other things, race, gender, age and sexual orientation. Pursuant to Section 1305(d) of the City Charter, the section shown on chart "A," all City contracts contain language expressly prohibiting illegal discriminatory practices by contractors. Should a contractor engage in such behavior, the City has the legal authority to terminate the contract.

The bill also purports to grant the City enhanced powers to sanction contractors that engage in discriminatory practices. Again, however, the bill simply restates the City's existing ability to require contractors suspected of discriminatory practices to institute equal employment opportunity programs or potentially face sanctions. In fact, the language in the enforcement section "(d)" of the bill is copied nearly word-for-word from the Charter. As charts "B" and "C" demonstrate, the language in the bill matches the language in the City Charter exactly.

This bill does not grant the City or individuals any new rights or powers, nor does it impose any new responsibilities on City contractors. In fact, it does nothing but enhance the size of the City's Administrative Code with no substantive benefit.

Some City Council members have claimed that the bill grants the City new authority to take action against a contractor who discriminates on the basis of sexual orientation. This is absolutely not true. Sexual orientation discrimination is illegal under the Human Rights Law, and the Rules of the City of New York require all City contracts to contain a provision expressly prohibiting discrimination based on sexual orientation. Therefore, should a contractor engage in sexual orientation discrimination, it would be breaking the law and violating a provision of its contract. Under those circumstances, the Charter empowers the City to terminate the contract.

To pass a law with no effect insults the integrity of the legislative process. It would be disingenuous for me to sign this bill by claiming that it will enhance protections against discrimination. Introductory 165-A is simply cosmetic legislation and I will veto it.

For the reasons previously stated, I will now veto the bill.

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