Crains New York - January 28, 2013 - (Page 10)
OPINION
CRAIN’S
There they go again
O
ur loopy City Council, ostensibly
aiming to help unemployed people find
work, last week opened up new ground
for businesses to be sued. It passed a bill
that lets job applicants take employers
to court if they think they’ve been
rejected because of their jobless status.
Unemployed people deserve a fair shake, of course, but the
only jobs the council’s action will create are for tort
lawyers—a segment of the economy that hardly needs help.
Mayor Michael Bloomberg rightly warned that the
measure would make it harder for businesses to hire people
and pledged to veto it. But council Speaker Christine
Quinn, a mayoral contender who is trying to signal to leftwing Democratic primary voters that she is not in the
mayor’s pocket, was apparently in no mood to negotiate. She
moved the bill to a vote and declared that the council would
override Mr. Bloomberg’s promised veto.
Ms. Quinn insists there’ll be no flurry of lawsuits, citing
the experience of other city laws protecting job applicants
from discrimination based on race, religion and such. Well,
as the police like to say, if crime is rare but happens to you,
the statistics won’t make you feel any better.
There is an active industry of law firms in this town that
hunt for aggrieved workers and deep-pocketed businesses to
sue. Ms. Quinn’s declaration that employers who do the right
thing “have nothing to worry about” is worthless. If an
employer were to frown while remarking to an applicant that
CRAIN’S ONLINE POLL
NEW YORK BUSINESS
editor in chief Rance Crain
publisher, vp Jill R. Kaplan
his résumé showed a long gap since he last worked, that
would be enough for the job-seeker to bring legal action.
Even frivolous cases demand that the business hire an
attorney to defend itself. To avoid the risk altogether,
employers might refrain from even interviewing unemployed
applicants. The council’s bill could well leave unemployed
people sitting by the phone, wondering why it’s not ringing.
The bill is championed by the National Employment Law
Project, which seems to be behind much of the City Council
legislation that has been rankling business interests lately.
The advocacy group’s view is that without the threat of
litigation, employers
won’t take seriously a
prohibition against
employment-status
discrimination. But
there is no hard
evidence to support that
contention. Few
jurisdictions ban the
practice, so it’s
presumptuous to
assume that only tort lawyers are capable of enforcing it.
Washington, D.C., has a statute that allows workers to file
a complaint with a city agency, but not to sue. Perhaps the
City Council should study how that law is working before
rushing ahead with legislation that subjects businesses to the
full force of the city’s litigating class.
The City Council
puts businesses
at the mercy of
tort lawyers
COMMENTS
Tennis, everyone
USTA COURTS QUEENS
SHOULD SUBWAY TRAINS
SLOW DOWN TO 10 MPH
FOR SAFETY WHEN
ENTERING STATIONS?
Yes. Slower trains would prevent injuries and
deaths and spare operators grief.
No. A slowdown would disrupt the whole
system and make station platforms more
crowded and dangerous.
Date of poll: Jan. 22
172 votes
46%
Yes
54%
No
FOR THIS WEEK’S QUESTIONS:
Go to www.crainsnewyork.com/poll to have your say.
10 | Crain’s New York Business | January 28, 2013
Annie Karni’s Dec. 17 article
on the possible expansion of
the U.S. Tennis Association
complex in Queens was well
researched and well written. I
write simply to inform that the
USTA is great for the borough.
For example, right after
Hurricane Sandy, the USTA
donated $300,000 worth of
bottled water, Gatorade, brandnew clothes and other items to
the Rockaway peninsula and
$100,000 in cash to the
Mayor’s Fund to Advance New
York City. The USTA has also
helped local economic
development through its
executive-level participation in
the Queens Tourism Council.
During the last U.S. Open,
the USTA donated a kiosk to
the council. For the entire two
weeks of the tournament, QTC
members gave tennis patrons
information on the borough’s
best places to stay, play, eat and
more. Many businesses and
cultural venues benefited
immediately, and our hotels will
have more guests attending the
next U.S. Open. It really helped.
—rob mackay
Director of public relations,
marketing and tourism
Queens Economic Development
Corp.
TIME TO CUT PUBLIC
HEALTH BENEFITS?
Re Greg David’s Jan. 9 blog
post, “Health benefits for city
workers are terminally ill”: It’s
disgraceful that we as taxpayers
are footing these astronomical
health care costs for public
employees when many of us
can’t even afford basic care for
ourselves and our families.
It’s about time that New
York City gets realistic in its
benefit packages, which will still
be much better than the private
sector’s benefits. The city should
not be facing such a fiscal black
hole because it fails to cut back
on some of the fringe benefits
for its employees.
Many employers in the
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reporters Chris Bragg, Daniel Geiger,
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TO SUBSCRIBE:
private sector, particularly
smaller businesses, are dropping
health coverage as a benefit
because of the rising costs. As a
city, and as a nation, we will not
stand a chance to get our fiscal
house in order if realistic steps
are not taken, and very soon.
—eg
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ONLINE READER’S
RESPONSE TO EG
You are advocating a race to the
bottom. The problem is that you
should be able to afford health
care, not that city workers get it.
City workers haven’t received
raises in three years, and now
you’d like to cut their benefits as
well. The problem is if you cut
city workers’ benefits, you still
wouldn’t be able to afford health
care for your family. Shouldn’t
that be the priority? Shouldn’t
we all advocate for privatesector benefits to get better
(hint: unions do that), rather
than trying to bring city workers
down?
—flatbush fred
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Table of Contents for the Digital Edition of Crains New York - January 28, 2013
Crains New York - January 28, 2013
In the Boroughs
In the Markets
The Insider
Business People
Opinion
Greg David
Alair Townsend
Report: The Business of Sports
The List
Classifieds
Small Business
For the Record
New York, New York
Source Lunch
Out and About
Snaps
Crains New York - January 28, 2013
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