New York (State). State Division of Human Rights

This body was created pursuant to Chapter 118 of the Laws of 1945 and is empowered to prevent and eliminate practices of discrimination because of race, creed, color, national origin, sex, marital status, or physical disability. The Division is empowered to utilize the services of all state governmental departments and agencies, adopt and promulgate rules and regulations, test, investigate, and pass upon complaints of discrimination, hold hearings, subpoena witnesses, grant compensatory damages and apply for court injunctions to prevent frustration of rulings of the commissioner.

From the description of Discrimination case files, 1946-1979. (New York State Archives). WorldCat record id: 77985926

CURRENT FUNCTIONS. The Division of Human Rights is generally charged with promoting equal opportunities for all individuals in the economic, cultural, and intellectual life of the state. It does this by enforcing the State Human Rights Law, which prohibits discrimination on the basis of race, creed, color, national origin, sex, age, disability, marital status, arrest record, and some types of conviction records in the areas of employment, housing, public accommodations, nonsectarian tax-exempt educational institutions, credit, and certain commercial practices.

The division receives discrimination complaints, holds hearings, and issues orders based on its review of these complaints. The division's decisions are appealable to the courts and the division may seek court orders to ensure enforcement of its decisions.

ORGANIZATIONAL HISTORY. The origins of the division date to the enactment of the State's Civil Rights Law in 1909 (Chapter 14). This law guaranteed "equal rights in places of public accommodations and amusement" for all people regardless of race, creed, or color, although no specific mechanism was provided for enforcement of its provisions. In 1945 (Chapter 292) New York became the first state to establish the administrative machinery to enforce its antidiscrimination laws when it enacted a "Law against Discrimination." This law established the State Commission against Discrimination, consisting of five members appointed by the governor, which was mandated to adopt measures to eliminate and prevent discrimination in employment because of race, color, creed, or national origin. The commission promulgated rules and regulations, investigated complaints, held hearings, and utilized the services of other agencies in enforcing the law.

During the next fifteen years various laws placed further restrictions on discriminatory employment practices, and in 1962 (Chapter 165) the commission was renamed the State Commission for Human Rights. The commission was reorganized in its present form as the Division of Human Rights in 1968 (Chapter 958) under a single director (later commissioner). This law also created a Human Rights Review Board in the Executive Department, consisting of six members appointed by the governor, to hear appeals by any party from decisions of the division. Decisions of the board were then reviewable by the courts. The following year the board was renamed the State Human Rights Appeal Board (Chapter 368). In 1984 (Chapter 83) the board was abolished and provisions made for direct judicial review of the division's decisions.

From the description of State Division of Human Rights Agency History Record. (New York State Archives). WorldCat record id: 122346724

The origins of the division date to the enactment of the State's Civil Rights Law in 1909 (Chapter 14). This law guaranteed "equal rights in places of public accommodations and amusement" for all people regardless of race, creed, or color, although no specific mechanism was provided for enforcement of its provisions. In 1945 (Chapter 292) New York became the first state to establish the administrative machinery to enforce its antidiscrimination laws when it enacted a "Law against Discrimination." This law established the State Commission against Discrimination, consisting of five members appointed by the governor, which was mandated to adopt measures to eliminate and prevent discrimination in employment because of race, color, creed, or national origin. The commission promulgated rules and regulations, investigated complaints, held hearings, and utilized the services of other agencies in enforcing the law.

During the next fifteen years various laws placed further restrictions on discriminatory employment practices, and in 1962 (Chapter 165) the commission was renamed the State Commission for Human Rights. The commission was reorganized in its present form as the Division of Human Rights in 1968 (Chapter 958) under a single director (later commissioner). This law also created a Human Rights Review Board in the Executive Department, consisting of six members appointed by the governor, to hear appeals by any party from decisions of the division. Decisions of the board were then reviewable by the courts. The following year the board was renamed the State Human Rights Appeal Board (Chapter 368). In 1984 (Chapter 83) the board was abolished and provisions made for direct judicial review of the division's decisions.

Legislation enacted in 2002 (Chapter 2) broadened the Division?s legal mandate to include studying and minimizing, or ultimately eliminating discrimination based on sexual orientation. A similar act passed in 2003 (Chapter 106) directed the Division to also focus on discrimination on the basis of military status.

From the New York State Archives, Cultural Education Center, Albany, NY. Agency record NYSV86-A347