S T A T E   O F   N E W   Y O R K
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                                  6539

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              March 6, 2009
                               ___________

Introduced by M. of A. ORTIZ, PERRY, LAVINE, GUNTHER, BRADLEY, ROBINSON,
  PHEFFER,  JAFFEE, LANCMAN, TITONE, TOWNS, SCHROEDER, CLARK, EDDINGTON,
  SCHIMEL -- Multi-Sponsored by -- M. of  A.  ABBATE,  ALESSI,  BOYLAND,
  CHRISTENSEN,  COOK, CUSICK, DelMONTE, DESTITO, DIAZ, GABRYSZAK, GALEF,
  GOTTFRIED, HIKIND, JOHN, V. LOPEZ, MAISEL, MAYERSOHN, McENENY, REILLY,
  SWEENEY, WEISENBERG -- read once and  referred  to  the  Committee  on
  Veterans' Affairs

AN  ACT  to  amend  the executive law, in relation to eliminating unfair
  labor or housing practices against persons with veteran status; and to
  repeal certain provisions of such law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 292 of the executive law is amended by adding a new
subdivision 34 to read as follows:
  34.   "VETERAN" IS A PERSON WHO HAS RECEIVED AN HONORABLE DISCHARGE OR
A DISCHARGE FOR MEDICAL REASONS WITH AN HONORABLE  RECORD  AND  WHO  HAS
SERVED IN EITHER THE RESERVE ARMED FORCES OR ORGANIZED MILITIA INCLUDING
ONE OF THE FOLLOWING CAPACITIES:
  (A)  AS  A  MEMBER  IN  ANY  BRANCH  OF THE ARMED FORCES OF THE UNITED
STATES;
  (B) AS A MEMBER OF THE WOMEN'S AIR FORCES SERVICE PILOTS;
  (C) AS A MEMBER OF THE ARMED FORCES RESERVES, NATIONAL GUARD, OR COAST
GUARD, AND HAS BEEN CALLED INTO FEDERAL SERVICE BY A PRESIDENTIAL SELECT
RESERVE CALL UP FOR AT LEAST ONE HUNDRED EIGHTY CUMULATIVE DAYS;
  (D) AS A CIVIL SERVICE CREW MEMBER WITH SERVICE  ABOARD  A  U.S.  ARMY
TRANSPORT  SERVICE OR U.S. NAVAL TRANSPORTATION SERVICE VESSEL IN OCEAN-
GOING SERVICE FROM DECEMBER SEVENTH, NINETEEN HUNDRED FORTY-ONE  THROUGH
DECEMBER THIRTY-FIRST, NINETEEN HUNDRED FORTY-SIX;
  (E) AS A MEMBER OF THE PHILIPPINE ARMED FORCES/SCOUTS DURING THE PERI-
OD  OF  ARMED CONFLICT FROM DECEMBER SEVENTH, NINETEEN HUNDRED FORTY-ONE
THROUGH AUGUST FIFTEENTH, NINETEEN HUNDRED FORTY-FIVE; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09971-01-9
              

A. 6539                             2

  (F) A UNITED STATES DOCUMENTED MERCHANT MARINER WITH SERVICE ABOARD AN
OCEANGOING VESSEL OPERATED BY THE DEPARTMENT OF DEFENSE FROM  BOTH  JUNE
TWENTY-FIFTH,  NINETEEN HUNDRED FIFTY THROUGH JULY TWENTY-SEVENTH, NINE-
TEEN HUNDRED FIFTY-THREE IN KOREAN TERRITORIAL WATERS  AND  FROM  AUGUST
FIFTH, NINETEEN HUNDRED SIXTY-FOUR THROUGH MAY SEVENTH, NINETEEN HUNDRED
SEVENTY-FIVE  IN VIETNAM TERRITORIAL WATERS, AND WHO RECEIVED A MILITARY
COMMENDATION.
  S 2. Section 296 of the executive law is REPEALED and  a  new  section
296 is added to read as follows:
  S  296.  UNLAWFUL DISCRIMINATORY PRACTICES. 1. IT SHALL BE AN UNLAWFUL
DISCRIMINATORY PRACTICE:
  (A) FOR AN EMPLOYER OR LICENSING AGENCY, BECAUSE  OF  THE  AGE,  RACE,
CREED,  COLOR,  NATIONAL  ORIGIN,  SEXUAL  ORIENTATION, MILITARY STATUS,
VETERAN STATUS, SEX, DISABILITY, PREDISPOSING  GENETIC  CHARACTERISTICS,
OR  MARITAL  STATUS OF ANY INDIVIDUAL, TO REFUSE TO HIRE OR EMPLOY OR TO
BAR OR TO DISCHARGE FROM EMPLOYMENT SUCH INDIVIDUAL OR  TO  DISCRIMINATE
AGAINST SUCH INDIVIDUAL IN COMPENSATION OR IN TERMS, CONDITIONS OR PRIV-
ILEGES OF EMPLOYMENT.
  (B)  FOR  AN  EMPLOYMENT AGENCY TO DISCRIMINATE AGAINST ANY INDIVIDUAL
BECAUSE OF AGE, RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION,
MILITARY STATUS, VETERAN STATUS, SEX, DISABILITY,  PREDISPOSING  GENETIC
CHARACTERISTICS, OR MARITAL STATUS, IN RECEIVING, CLASSIFYING, DISPOSING
OR  OTHERWISE  ACTING UPON APPLICATIONS FOR ITS SERVICES OR IN REFERRING
AN APPLICANT OR APPLICANTS TO AN EMPLOYER OR EMPLOYERS.
  (C) FOR A LABOR ORGANIZATION, BECAUSE OF THE AGE, RACE, CREED,  COLOR,
NATIONAL  ORIGIN,  SEXUAL  ORIENTATION, MILITARY STATUS, VETERAN STATUS,
SEX, DISABILITY, PREDISPOSING GENETIC CHARACTERISTICS, OR MARITAL STATUS
OF ANY INDIVIDUAL, TO EXCLUDE OR TO EXPEL FROM ITS MEMBERSHIP SUCH INDI-
VIDUAL OR TO DISCRIMINATE IN ANY WAY  AGAINST  ANY  OF  ITS  MEMBERS  OR
AGAINST ANY EMPLOYER OR ANY INDIVIDUAL EMPLOYED BY AN EMPLOYER.
  (D)  FOR  ANY  EMPLOYER  OR EMPLOYMENT AGENCY TO PRINT OR CIRCULATE OR
CAUSE TO BE PRINTED OR CIRCULATED ANY STATEMENT, ADVERTISEMENT OR PUBLI-
CATION, OR TO USE ANY FORM OF APPLICATION FOR EMPLOYMENT OR TO MAKE  ANY
INQUIRY  IN  CONNECTION  WITH  PROSPECTIVE  EMPLOYMENT,  WHICH EXPRESSES
DIRECTLY OR INDIRECTLY, ANY LIMITATION, SPECIFICATION OR  DISCRIMINATION
AS  TO  AGE,  RACE,  CREED,  COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION,
MILITARY STATUS, VETERAN STATUS, SEX, DISABILITY,  PREDISPOSING  GENETIC
CHARACTERISTICS, OR MARITAL STATUS, OR ANY INTENT TO MAKE ANY SUCH LIMI-
TATION,  SPECIFICATION  OR DISCRIMINATION, UNLESS BASED UPON A BONA FIDE
OCCUPATIONAL QUALIFICATION; PROVIDED, HOWEVER, THAT NEITHER  THIS  PARA-
GRAPH  NOR ANY PROVISION OF THIS CHAPTER OR OTHER LAW SHALL BE CONSTRUED
TO PROHIBIT THE DEPARTMENT OF CIVIL SERVICE OR THE DEPARTMENT OF PERSON-
NEL OF ANY CITY CONTAINING MORE THAN ONE COUNTY FROM REQUESTING INFORMA-
TION FROM APPLICANTS FOR CIVIL SERVICE EXAMINATIONS  CONCERNING  ANY  OF
THE  AFOREMENTIONED  CHARACTERISTICS, OTHER THAN SEXUAL ORIENTATION, FOR
THE PURPOSE OF CONDUCTING STUDIES TO IDENTIFY AND RESOLVE POSSIBLE PROB-
LEMS IN RECRUITMENT AND TESTING OF MEMBERS OF MINORITY GROUPS TO  INSURE
THE FAIREST POSSIBLE AND EQUAL OPPORTUNITIES FOR EMPLOYMENT IN THE CIVIL
SERVICE FOR ALL PERSONS, REGARDLESS OF AGE, RACE, CREED, COLOR, NATIONAL
ORIGIN,  SEXUAL ORIENTATION, MILITARY STATUS, VETERAN STATUS, SEX, DISA-
BILITY, PREDISPOSING GENETIC CHARACTERISTICS, OR MARITAL STATUS.
  (E) FOR ANY EMPLOYER,  LABOR  ORGANIZATION  OR  EMPLOYMENT  AGENCY  TO
DISCHARGE, EXPEL OR OTHERWISE DISCRIMINATE AGAINST ANY PERSON BECAUSE HE
OR SHE HAS OPPOSED ANY PRACTICES FORBIDDEN UNDER THIS ARTICLE OR BECAUSE
HE OR SHE HAS FILED A COMPLAINT, TESTIFIED OR ASSISTED IN ANY PROCEEDING
UNDER THIS ARTICLE.

A. 6539                             3

  (F) NOTHING IN THIS SUBDIVISION SHALL AFFECT ANY RESTRICTIONS UPON THE
ACTIVITIES  OF  PERSONS  LICENSED  BY  THE  STATE  LIQUOR AUTHORITY WITH
RESPECT TO PERSONS UNDER TWENTY-ONE YEARS OF AGE.
  (G)  FOR  AN  EMPLOYER TO COMPEL AN EMPLOYEE WHO IS PREGNANT TO TAKE A
LEAVE OF ABSENCE, UNLESS THE EMPLOYEE IS  PREVENTED  BY  SUCH  PREGNANCY
FROM  PERFORMING  THE  ACTIVITIES INVOLVED IN THE JOB OR OCCUPATION IN A
REASONABLE MANNER.
  1-A. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN  EMPLOYER,
LABOR  ORGANIZATION,  EMPLOYMENT  AGENCY  OR  ANY JOINT LABOR-MANAGEMENT
COMMITTEE CONTROLLING APPRENTICE TRAINING PROGRAMS:
  (A) TO SELECT PERSONS FOR AN APPRENTICE  TRAINING  PROGRAM  REGISTERED
WITH THE STATE OF NEW YORK ON ANY BASIS OTHER THAN THEIR QUALIFICATIONS,
AS DETERMINED BY OBJECTIVE CRITERIA WHICH PERMIT REVIEW;
  (B)  TO  DENY  TO  OR WITHHOLD FROM ANY PERSON BECAUSE OF RACE, CREED,
COLOR, NATIONAL ORIGIN, SEXUAL  ORIENTATION,  MILITARY  STATUS,  VETERAN
STATUS,  SEX, AGE, DISABILITY, OR MARITAL STATUS, THE RIGHT TO BE ADMIT-
TED TO OR PARTICIPATE IN A GUIDANCE PROGRAM, AN APPRENTICESHIP  TRAINING
PROGRAM,  ON-THE-JOB  TRAINING  PROGRAM,  EXECUTIVE TRAINING PROGRAM, OR
OTHER OCCUPATIONAL TRAINING OR RETRAINING PROGRAM;
  (C) TO DISCRIMINATE AGAINST ANY PERSON IN HIS OR HER PURSUIT  OF  SUCH
PROGRAMS  OR  TO DISCRIMINATE AGAINST SUCH A PERSON IN THE TERMS, CONDI-
TIONS OR PRIVILEGES OF SUCH PROGRAMS  BECAUSE  OF  RACE,  CREED,  COLOR,
NATIONAL  ORIGIN,  SEXUAL  ORIENTATION, MILITARY STATUS, VETERAN STATUS,
SEX, AGE, DISABILITY OR MARITAL STATUS;
  (D) TO PRINT OR CIRCULATE OR CAUSE TO BE  PRINTED  OR  CIRCULATED  ANY
STATEMENT,  ADVERTISEMENT OR PUBLICATION, OR TO USE ANY FORM OF APPLICA-
TION FOR SUCH PROGRAMS OR TO MAKE ANY INQUIRY IN  CONNECTION  WITH  SUCH
PROGRAM  WHICH  EXPRESSES, DIRECTLY OR INDIRECTLY, ANY LIMITATION, SPEC-
IFICATION OR DISCRIMINATION AS TO RACE, CREED, COLOR,  NATIONAL  ORIGIN,
SEXUAL ORIENTATION, MILITARY STATUS, VETERAN STATUS, SEX, AGE, DISABILI-
TY  OR  MARITAL  STATUS,  OR  ANY INTENTION TO MAKE ANY SUCH LIMITATION,
SPECIFICATION OR DISCRIMINATION, UNLESS BASED ON  A  BONA  FIDE  OCCUPA-
TIONAL QUALIFICATION.
  2. (A) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY PERSON,
BEING  THE  OWNER, LESSEE, PROPRIETOR, MANAGER, SUPERINTENDENT, AGENT OR
EMPLOYEE OF ANY PLACE OF  PUBLIC  ACCOMMODATION,  RESORT  OR  AMUSEMENT,
BECAUSE  OF THE RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION,
MILITARY STATUS, VETERAN STATUS, SEX, OR DISABILITY OR MARITAL STATUS OF
ANY PERSON, DIRECTLY OR INDIRECTLY, TO REFUSE, WITHHOLD FROM OR DENY  TO
SUCH  PERSON ANY OF THE ACCOMMODATIONS, ADVANTAGES, FACILITIES OR PRIVI-
LEGES THEREOF, INCLUDING THE EXTENSION OF CREDIT, OR, DIRECTLY OR  INDI-
RECTLY,  TO PUBLISH, CIRCULATE, ISSUE, DISPLAY, POST OR MAIL ANY WRITTEN
OR PRINTED COMMUNICATION, NOTICE OR ADVERTISEMENT, TO  THE  EFFECT  THAT
ANY  OF THE ACCOMMODATIONS, ADVANTAGES, FACILITIES AND PRIVILEGES OF ANY
SUCH PLACE SHALL BE REFUSED, WITHHELD FROM OR DENIED TO  ANY  PERSON  ON
ACCOUNT  OF  RACE,  CREED,  COLOR,  NATIONAL ORIGIN, SEXUAL ORIENTATION,
MILITARY STATUS, VETERAN STATUS, SEX, OR DISABILITY OR  MARITAL  STATUS,
OR  THAT  THE PATRONAGE OR CUSTOM THEREAT OF ANY PERSON OF OR PURPORTING
TO BE OF ANY PARTICULAR RACE,  CREED,  COLOR,  NATIONAL  ORIGIN,  SEXUAL
ORIENTATION,  MILITARY STATUS, VETERAN STATUS, SEX OR MARITAL STATUS, OR
HAVING A DISABILITY  IS  UNWELCOME,  OBJECTIONABLE  OR  NOT  ACCEPTABLE,
DESIRED OR SOLICITED.
  (B)  NOTHING  IN  THIS  SUBDIVISION  SHALL BE CONSTRUED TO PREVENT THE
BARRING OF ANY PERSON, BECAUSE OF THE SEX OF SUCH PERSON, FROM PLACES OF
PUBLIC ACCOMMODATION, RESORT OR AMUSEMENT  IF  THE  DIVISION  GRANTS  AN
EXEMPTION  BASED ON BONA FIDE CONSIDERATIONS OF PUBLIC POLICY; NOR SHALL

A. 6539                             4

THIS SUBDIVISION APPLY TO THE RENTAL OF ROOMS IN A HOUSING ACCOMMODATION
WHICH RESTRICTS SUCH RENTAL TO INDIVIDUALS OF ONE SEX.
  2-A.  IT  SHALL  BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR THE OWNER,
LESSEE, SUB-LESSEE, ASSIGNEE, OR  MANAGING  AGENT  OF  PUBLICLY-ASSISTED
HOUSING  ACCOMMODATIONS OR OTHER PERSON HAVING THE RIGHT OF OWNERSHIP OR
POSSESSION OF OR THE RIGHT TO RENT OR LEASE SUCH ACCOMMODATIONS:
  (A) TO REFUSE TO SELL, RENT OR LEASE OR OTHERWISE TO DENY TO OR  WITH-
HOLD  FROM  ANY  PERSON  OR GROUP OF PERSONS SUCH HOUSING ACCOMMODATIONS
BECAUSE OF THE RACE, CREED, COLOR, DISABILITY, NATIONAL  ORIGIN,  SEXUAL
ORIENTATION,  MILITARY STATUS, VETERAN STATUS, AGE, SEX, MARITAL STATUS,
OR FAMILIAL STATUS OF SUCH PERSON OR PERSONS, OR TO REPRESENT  THAT  ANY
HOUSING  ACCOMMODATION  OR  LAND  IS NOT AVAILABLE FOR INSPECTION, SALE,
RENTAL OR LEASE WHEN IN FACT IT IS SO AVAILABLE.
  (B) TO DISCRIMINATE AGAINST ANY PERSON BECAUSE OF  HIS  OR  HER  RACE,
CREED,  COLOR, DISABILITY, NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY
STATUS, VETERAN STATUS, AGE, SEX, MARITAL STATUS, OR FAMILIAL STATUS  IN
THE  TERMS,  CONDITIONS  OR  PRIVILEGES OF ANY PUBLICLY-ASSISTED HOUSING
ACCOMMODATIONS OR  IN  THE  FURNISHING  OF  FACILITIES  OR  SERVICES  IN
CONNECTION THEREWITH.
  (C) TO CAUSE TO BE MADE ANY WRITTEN OR ORAL INQUIRY OR RECORD CONCERN-
ING  THE  RACE, CREED, COLOR, DISABILITY, NATIONAL ORIGIN, SEXUAL ORIEN-
TATION, MEMBERSHIP IN THE RESERVE ARMED FORCES OF THE UNITED  STATES  OR
IN THE ORGANIZED MILITIA OF THE STATE, AGE, VETERAN STATUS, SEX, MARITAL
STATUS,  OR  FAMILIAL  STATUS  OF  A PERSON SEEKING TO RENT OR LEASE ANY
PUBLICLY-ASSISTED HOUSING ACCOMMODATION; PROVIDED, HOWEVER, THAT NOTHING
IN THIS SUBDIVISION SHALL PROHIBIT A MEMBER OF THE RESERVE ARMED  FORCES
OF  THE  UNITED  STATES  OR  IN  THE ORGANIZED MILITIA OF THE STATE FROM
VOLUNTARILY DISCLOSING SUCH MEMBERSHIP.
  (C-1) TO PRINT OR CIRCULATE OR CAUSE TO BE PRINTED OR  CIRCULATED  ANY
STATEMENT,  ADVERTISEMENT OR PUBLICATION, OR TO USE ANY FORM OF APPLICA-
TION FOR THE PURCHASE, RENTAL OR LEASE OF SUCH HOUSING ACCOMMODATION  OR
TO  MAKE  ANY  RECORD  OR  INQUIRY  IN  CONNECTION  WITH THE PROSPECTIVE
PURCHASE,  RENTAL  OR  LEASE  OF  SUCH  A  HOUSING  ACCOMMODATION  WHICH
EXPRESSES,  DIRECTLY  OR  INDIRECTLY,  ANY  LIMITATION, SPECIFICATION OR
DISCRIMINATION AS TO RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL  ORIEN-
TATION,  MILITARY  STATUS, VETERAN STATUS, SEX, AGE, DISABILITY, MARITAL
STATUS, OR FAMILIAL STATUS, OR ANY INTENT TO MAKE ANY  SUCH  LIMITATION,
SPECIFICATION OR DISCRIMINATION.
  (D) (1) TO REFUSE TO PERMIT, AT THE EXPENSE OF THE PERSON WITH A DISA-
BILITY,  REASONABLE MODIFICATIONS OF EXISTING PREMISES OCCUPIED OR TO BE
OCCUPIED BY THE SAID PERSON, IF THE MODIFICATIONS MAY  BE  NECESSARY  TO
AFFORD  THE  SAID  PERSON  FULL ENJOYMENT OF THE PREMISES, IN CONFORMITY
WITH THE PROVISIONS OF THE NEW YORK STATE UNIFORM  FIRE  PREVENTION  AND
BUILDING  CODE,  EXCEPT THAT, IN THE CASE OF A RENTAL, THE LANDLORD MAY,
WHERE IT IS REASONABLE TO DO SO, CONDITION PERMISSION FOR A MODIFICATION
ON THE RENTER'S AGREEING TO RESTORE THE INTERIOR OF THE PREMISES TO  THE
CONDITION THAT EXISTED BEFORE THE MODIFICATION, REASONABLE WEAR AND TEAR
EXCEPTED.
  (2)  TO  REFUSE  TO MAKE REASONABLE ACCOMMODATIONS IN RULES, POLICIES,
PRACTICES, OR SERVICES, WHEN SUCH ACCOMMODATIONS  MAY  BE  NECESSARY  TO
AFFORD  A  PERSON WITH A DISABILITY EQUAL OPPORTUNITY TO USE AND ENJOY A
DWELLING OR
  (3)  IN  CONNECTION  WITH  THE  DESIGN  AND  CONSTRUCTION  OF  COVERED
MULTI-FAMILY DWELLINGS FOR FIRST OCCUPANCY AFTER MARCH THIRTEENTH, NINE-
TEEN  HUNDRED NINETY-ONE, A FAILURE TO DESIGN AND CONSTRUCT DWELLINGS IN

A. 6539                             5

ACCORDANCE WITH THE ACCESSIBILITY REQUIREMENTS OF  THE  NEW  YORK  STATE
UNIFORM FIRE PREVENTION AND BUILDING CODE, TO PROVIDE THAT:
  (I) THE PUBLIC USE AND COMMON USE PORTIONS OF THE DWELLINGS ARE READI-
LY ACCESSIBLE TO AND USABLE BY DISABLED PERSONS WITH DISABILITIES;
  (II)  ALL THE DOORS ARE DESIGNED IN ACCORDANCE WITH THE NEW YORK STATE
UNIFORM FIRE PREVENTION AND BUILDING CODE  TO  ALLOW  PASSAGE  INTO  AND
WITHIN  ALL  PREMISES  AND  ARE  SUFFICIENTLY  WIDE  TO ALLOW PASSAGE BY
PERSONS IN WHEELCHAIRS; AND
  (III) ALL PREMISES WITHIN COVERED MULTI-FAMILY DWELLING UNITS  CONTAIN
AN ACCESSIBLE ROUTE INTO AND THROUGH THE DWELLING; LIGHT SWITCHES, ELEC-
TRICAL  OUTLETS,  THERMOSTATS,  AND  OTHER ENVIRONMENTAL CONTROLS ARE IN
ACCESSIBLE LOCATIONS; THERE ARE REINFORCEMENTS IN THE BATHROOM WALLS  TO
ALLOW LATER INSTALLATION OF GRAB BARS; AND THERE ARE USABLE KITCHENS AND
BATHROOMS SUCH THAT AN INDIVIDUAL IN A WHEELCHAIR CAN MANEUVER ABOUT THE
SPACE, IN CONFORMITY WITH THE NEW YORK STATE UNIFORM FIRE PREVENTION AND
BUILDING CODE.
  (E)  NOTHING  IN  THIS SUBDIVISION SHALL RESTRICT THE CONSIDERATION OF
AGE IN THE RENTAL OF PUBLICLY-ASSISTED  HOUSING  ACCOMMODATIONS  IF  THE
DIVISION GRANTS AN EXEMPTION BASED ON BONA FIDE CONSIDERATIONS OF PUBLIC
POLICY  FOR  THE PURPOSE OF PROVIDING FOR THE SPECIAL NEEDS OF A PARTIC-
ULAR AGE GROUP WITHOUT THE INTENT OF PREJUDICING OTHER AGE GROUPS.
  (F) NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO RESTRICT THE RENTAL
OF ROOMS IN SCHOOL OR COLLEGE DORMITORIES TO  INDIVIDUALS  OF  THE  SAME
SEX.
  3.  (A) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOY-
ER, LICENSING AGENCY, EMPLOYMENT AGENCY OR LABOR ORGANIZATION TO  REFUSE
TO  PROVIDE  REASONABLE  ACCOMMODATIONS  TO THE KNOWN DISABILITIES OF AN
EMPLOYEE, PROSPECTIVE EMPLOYEE OR MEMBER IN CONNECTION  WITH  A  JOB  OR
OCCUPATION SOUGHT OR HELD OR PARTICIPATION IN A TRAINING PROGRAM.
  (B)  NOTHING  CONTAINED  IN  THIS  SUBDIVISION  SHALL  BE CONSTRUED TO
REQUIRE PROVISION OF ACCOMMODATIONS WHICH CAN BE DEMONSTRATED TO  IMPOSE
AN UNDUE HARDSHIP ON THE OPERATION OF AN EMPLOYER'S, LICENSING AGENCY'S,
EMPLOYMENT  AGENCY'S OR LABOR ORGANIZATION'S BUSINESS, PROGRAM OR ENTER-
PRISE.
  IN MAKING SUCH A DEMONSTRATION  WITH  REGARD  TO  UNDUE  HARDSHIP  THE
FACTORS TO BE CONSIDERED INCLUDE:
  (I)  THE  OVERALL  SIZE  OF  THE  BUSINESS, PROGRAM OR ENTERPRISE WITH
RESPECT TO THE NUMBER OF EMPLOYEES, NUMBER AND TYPE OF  FACILITIES,  AND
SIZE OF BUDGET;
  (II)  THE  TYPE OF OPERATION WHICH THE BUSINESS, PROGRAM OR ENTERPRISE
IS ENGAGED IN, INCLUDING THE COMPOSITION AND STRUCTURE OF THE WORKFORCE;
AND
  (III) THE NATURE AND COST OF THE ACCOMMODATION NEEDED.
  3-A. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE:
  (A) FOR AN EMPLOYER OR LICENSING AGENCY TO REFUSE TO HIRE OR EMPLOY OR
LICENSE OR TO BAR OR TO TERMINATE FROM EMPLOYMENT AN INDIVIDUAL EIGHTEEN
YEARS OF AGE OR OLDER, OR TO DISCRIMINATE  AGAINST  SUCH  INDIVIDUAL  IN
PROMOTION,  COMPENSATION  OR  IN  TERMS,  CONDITIONS,  OR  PRIVILEGES OF
EMPLOYMENT, BECAUSE OF SUCH INDIVIDUAL'S AGE.
  (B) FOR ANY EMPLOYER, LICENSING AGENCY OR EMPLOYMENT AGENCY  TO  PRINT
OR  CIRCULATE OR CAUSE TO BE PRINTED OR CIRCULATED ANY STATEMENT, ADVER-
TISEMENT OR PUBLICATION, OR TO USE ANY FORM OF APPLICATION  FOR  EMPLOY-
MENT  OR  TO MAKE ANY INQUIRY IN CONNECTION WITH PROSPECTIVE EMPLOYMENT,
WHICH EXPRESSES, DIRECTLY OR INDIRECTLY, ANY  LIMITATION,  SPECIFICATION
OR  DISCRIMINATION  ON  ACCOUNT  OF  AGE RESPECTING INDIVIDUALS EIGHTEEN

A. 6539                             6

YEARS OF AGE OR OLDER, OR ANY INTENT TO MAKE ANY SUCH LIMITATION,  SPEC-
IFICATION, OR DISCRIMINATION.
  (C)  FOR  ANY  EMPLOYER,  LICENSING  AGENCY  OR  EMPLOYMENT  AGENCY TO
DISCHARGE OR OTHERWISE DISCRIMINATE AGAINST ANY PERSON BECAUSE HE OR SHE
HAS OPPOSED ANY PRACTICES FORBIDDEN UNDER THIS ARTICLE OR BECAUSE HE  OR
SHE HAS FILED A COMPLAINT, TESTIFIED OR ASSISTED IN ANY PROCEEDING UNDER
THIS ARTICLE.
  (D)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, NO EMPLOYEE SHALL BE
SUBJECT TO TERMINATION OR RETIREMENT FROM EMPLOYMENT  ON  THE  BASIS  OF
AGE,  EXCEPT WHERE AGE IS A BONA FIDE OCCUPATIONAL QUALIFICATION REASON-
ABLY NECESSARY TO THE NORMAL OPERATION OF A PARTICULAR  BUSINESS,  WHERE
THE DIFFERENTIATION IS BASED ON REASONABLE FACTORS OTHER THAN AGE, OR AS
OTHERWISE  SPECIFIED IN PARAGRAPHS (E) AND (F) OF THIS SUBDIVISION OR IN
ARTICLE FOURTEEN-A OF THE RETIREMENT AND SOCIAL SECURITY LAW.
  (E) NOTHING CONTAINED IN THIS SUBDIVISION OR  IN  SUBDIVISION  ONE  OF
THIS  SECTION SHALL BE CONSTRUED TO PREVENT THE COMPULSORY RETIREMENT OF
ANY EMPLOYEE WHO HAS ATTAINED SIXTY-FIVE YEARS OF AGE, AND  WHO,  FOR  A
TWO-YEAR  PERIOD  IMMEDIATELY  BEFORE  RETIREMENT, IS EMPLOYED IN A BONA
FIDE EXECUTIVE OR A HIGH POLICYMAKING  POSITION,  IF  SUCH  EMPLOYEE  IS
ENTITLED TO AN IMMEDIATE NONFORFEITABLE ANNUAL RETIREMENT BENEFIT FROM A
PENSION,  PROFIT-SHARING, SAVINGS, OR DEFERRED COMPENSATION PLAN, OR ANY
COMBINATION OF SUCH PLANS, OF  THE  EMPLOYER  OF  SUCH  EMPLOYEE,  WHICH
EQUALS, IN THE AGGREGATE, AT LEAST FORTY-FOUR THOUSAND DOLLARS; PROVIDED
THAT  FOR  THE  PURPOSES  OF  THIS  PARAGRAPH  ONLY, THE TERM "EMPLOYER"
INCLUDES ANY EMPLOYER AS OTHERWISE DEFINED IN THIS ARTICLE BUT DOES  NOT
INCLUDE (I) THE STATE OF NEW YORK, (II) A COUNTY, CITY, TOWN, VILLAGE OR
ANY  OTHER POLITICAL SUBDIVISION OR CIVIL DIVISION OF THE STATE, (III) A
SCHOOL DISTRICT OR ANY OTHER  GOVERNMENTAL  ENTITY  OPERATING  A  PUBLIC
SCHOOL,  COLLEGE  OR  UNIVERSITY,  (IV)  A PUBLIC IMPROVEMENT OR SPECIAL
DISTRICT, (V) A PUBLIC AUTHORITY, COMMISSION OR  PUBLIC  BENEFIT  CORPO-
RATION, OR (VI) ANY OTHER PUBLIC CORPORATION, AGENCY, INSTRUMENTALITY OR
UNIT  OF GOVERNMENT WHICH EXERCISES GOVERNMENTAL POWER UNDER THE LAWS OF
THE STATE. IN APPLYING THE RETIREMENT BENEFIT TEST OF THIS PARAGRAPH, IF
ANY SUCH RETIREMENT BENEFIT IS IN A FORM  OTHER  THAN  A  STRAIGHT  LIFE
ANNUITY  WITH  NO  ANCILLARY BENEFITS, OR IF EMPLOYEES CONTRIBUTE TO ANY
SUCH PLAN OR MAKE ROLLOVER CONTRIBUTIONS, SUCH BENEFIT SHALL BE ADJUSTED
IN ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED  BY  THE  DIVISION,
AFTER  AN  OPPORTUNITY  FOR  PUBLIC  HEARING, SO THAT THE BENEFIT IS THE
EQUIVALENT OF A STRAIGHT LIFE ANNUITY WITH NO ANCILLARY BENEFITS UNDER A
PLAN TO WHICH EMPLOYEES DO NOT CONTRIBUTE AND UNDER  WHICH  NO  ROLLOVER
CONTRIBUTIONS ARE MADE.
  (F)  NOTHING CONTAINED IN THIS SUBDIVISION, IN SUBDIVISION ONE OF THIS
SECTION OR IN ARTICLE FOURTEEN-A OF THE RETIREMENT AND  SOCIAL  SECURITY
LAW  SHALL  BE  CONSTRUED  TO  PREVENT  THE COMPULSORY RETIREMENT OF ANY
EMPLOYEE WHO HAS ATTAINED SEVENTY YEARS OF AGE AND IS  SERVING  UNDER  A
CONTRACT  FOR  UNLIMITED  TENURE, OR A SIMILAR ARRANGEMENT PROVIDING FOR
UNLIMITED TENURE, AT A NONPUBLIC INSTITUTION OF  HIGHER  EDUCATION.  FOR
PURPOSES OF SUCH SUBDIVISIONS OR ARTICLE, THE TERM "INSTITUTION OF HIGH-
ER EDUCATION" MEANS AN EDUCATIONAL INSTITUTION WHICH (I) ADMITS AS REGU-
LAR  STUDENTS  ONLY  PERSONS  HAVING  A CERTIFICATE OF GRADUATION FROM A
SCHOOL PROVIDING SECONDARY EDUCATION, OR THE  RECOGNIZED  EQUIVALENT  OF
SUCH  A CERTIFICATE, (II) IS LAWFULLY AUTHORIZED TO PROVIDE A PROGRAM OF
EDUCATION BEYOND SECONDARY EDUCATION, AND (III) PROVIDES AN  EDUCATIONAL
PROGRAM  FOR  WHICH  IT  AWARDS A BACHELOR'S DEGREE OR PROVIDES NOT LESS
THAN A TWO-YEAR PROGRAM WHICH IS ACCEPTABLE FOR FULL CREDIT TOWARD  SUCH
A DEGREE.

A. 6539                             7

  (G) IN THE EVENT OF A CONFLICT BETWEEN THE PROVISIONS OF THIS SUBDIVI-
SION  AND  THE  PROVISIONS  OF  ARTICLE FOURTEEN-A OF THE RETIREMENT AND
SOCIAL SECURITY LAW, THE PROVISIONS OF ARTICLE FOURTEEN-A  OF  SUCH  LAW
SHALL BE CONTROLLING.
  BUT  NOTHING CONTAINED IN THIS SUBDIVISION, IN SUBDIVISION ONE OF THIS
SECTION OR IN ARTICLE FOURTEEN-A OF THE RETIREMENT AND  SOCIAL  SECURITY
LAW  SHALL  BE CONSTRUED TO PREVENT THE TERMINATION OF THE EMPLOYMENT OF
ANY PERSON WHO, EVEN UPON THE PROVISION OF REASONABLE ACCOMMODATIONS, IS
PHYSICALLY UNABLE TO PERFORM HIS OR HER DUTIES OR TO AFFECT THE  RETIRE-
MENT POLICY OR SYSTEM OF ANY EMPLOYER WHERE SUCH POLICY OR SYSTEM IS NOT
MERELY  A  SUBTERFUGE TO EVADE THE PURPOSES OF SAID SUBDIVISIONS OR SAID
ARTICLE; NOR SHALL ANYTHING IN SUCH  SUBDIVISIONS  OR  SUCH  ARTICLE  BE
DEEMED  TO  PRECLUDE  THE VARYING OF INSURANCE COVERAGES ACCORDING TO AN
EMPLOYEE'S AGE.
  THE PROVISIONS OF THIS SUBDIVISION SHALL NOT  AFFECT  ANY  RESTRICTION
UPON  THE  ACTIVITIES  OF PERSONS LICENSED BY THE STATE LIQUOR AUTHORITY
WITH RESPECT TO PERSONS UNDER TWENTY-ONE YEARS OF AGE.
  3-B. IT SHALL BE AN UNLAWFUL  DISCRIMINATORY  PRACTICE  FOR  ANY  REAL
ESTATE  BROKER,  REAL ESTATE SALESPERSON OR EMPLOYEE OR AGENT THEREOF OR
ANY OTHER INDIVIDUAL, CORPORATION, PARTNERSHIP OR ORGANIZATION  FOR  THE
PURPOSE OF INDUCING A REAL ESTATE TRANSACTION FROM WHICH ANY SUCH PERSON
OR ANY OF ITS STOCKHOLDERS OR MEMBERS MAY BENEFIT FINANCIALLY, TO REPRE-
SENT  THAT A CHANGE HAS OCCURRED OR WILL OR MAY OCCUR IN THE COMPOSITION
WITH RESPECT TO RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION,
MILITARY STATUS, VETERAN STATUS, SEX,  DISABILITY,  MARITAL  STATUS,  OR
FAMILIAL STATUS OF THE OWNERS OR OCCUPANTS IN THE BLOCK, NEIGHBORHOOD OR
AREA  IN  WHICH THE REAL PROPERTY IS LOCATED, AND TO REPRESENT, DIRECTLY
OR INDIRECTLY, THAT THIS CHANGE WILL OR MAY RESULT IN UNDESIRABLE CONSE-
QUENCES IN THE BLOCK, NEIGHBORHOOD OR AREA IN WHICH THE REAL PROPERTY IS
LOCATED, INCLUDING BUT NOT LIMITED TO THE LOWERING OF  PROPERTY  VALUES,
AN  INCREASE  IN  CRIMINAL  OR ANTI-SOCIAL BEHAVIOR, OR A DECLINE IN THE
QUALITY OF SCHOOLS OR OTHER FACILITIES.
  4. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE  FOR  AN  EDUCATION
CORPORATION  OR  ASSOCIATION  WHICH HOLDS ITSELF OUT TO THE PUBLIC TO BE
NON-SECTARIAN AND EXEMPT FROM TAXATION PURSUANT  TO  THE  PROVISIONS  OF
ARTICLE FOUR OF THE REAL PROPERTY TAX LAW TO DENY THE USE OF ITS FACILI-
TIES  TO  ANY PERSON OTHERWISE QUALIFIED, OR TO PERMIT THE HARASSMENT OF
ANY STUDENT OR APPLICANT, BY REASON OF HIS RACE, COLOR, RELIGION,  DISA-
BILITY,  NATIONAL  ORIGIN,  SEXUAL ORIENTATION, MILITARY STATUS, VETERAN
STATUS, SEX, AGE OR MARITAL STATUS, EXCEPT  THAT  ANY  SUCH  INSTITUTION
WHICH  ESTABLISHES OR MAINTAINS A POLICY OF EDUCATING PERSONS OF ONE SEX
EXCLUSIVELY MAY ADMIT STUDENTS OF ONLY ONE SEX.
  5. (A) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR THE  OWNER,
LESSEE,  SUB-LESSEE,  ASSIGNEE,  OR  MANAGING  AGENT OF, OR OTHER PERSON
HAVING THE RIGHT  TO  SELL,  RENT  OR  LEASE  A  HOUSING  ACCOMMODATION,
CONSTRUCTED OR TO BE CONSTRUCTED, OR ANY AGENT OR EMPLOYEE THEREOF:
  (1) TO REFUSE TO SELL, RENT, LEASE OR OTHERWISE TO DENY TO OR WITHHOLD
FROM ANY PERSON OR GROUP OF PERSONS SUCH A HOUSING ACCOMMODATION BECAUSE
OF THE RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY
STATUS,  VETERAN  STATUS, SEX, AGE, DISABILITY, MARITAL STATUS, OR FAMI-
LIAL STATUS OF SUCH PERSON OR PERSONS, OR TO REPRESENT THAT ANY  HOUSING
ACCOMMODATION  OR  LAND IS NOT AVAILABLE FOR INSPECTION, SALE, RENTAL OR
LEASE WHEN IN FACT IT IS SO AVAILABLE.
  (2) TO DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACE, CREED,  COLOR,
NATIONAL  ORIGIN,  SEXUAL  ORIENTATION, MILITARY STATUS, VETERAN STATUS,
SEX, AGE, DISABILITY, MARITAL STATUS, OR FAMILIAL STATUS IN  THE  TERMS,

A. 6539                             8

CONDITIONS  OR PRIVILEGES OF THE SALE, RENTAL OR LEASE OF ANY SUCH HOUS-
ING ACCOMMODATION OR IN THE FURNISHING  OF  FACILITIES  OR  SERVICES  IN
CONNECTION THEREWITH.
  (3)  TO  PRINT  OR  CIRCULATE OR CAUSE TO BE PRINTED OR CIRCULATED ANY
STATEMENT, ADVERTISEMENT OR PUBLICATION, OR TO USE ANY FORM OF  APPLICA-
TION  FOR THE PURCHASE, RENTAL OR LEASE OF SUCH HOUSING ACCOMMODATION OR
TO MAKE ANY  RECORD  OR  INQUIRY  IN  CONNECTION  WITH  THE  PROSPECTIVE
PURCHASE,  RENTAL  OR  LEASE  OF  SUCH  A  HOUSING  ACCOMMODATION  WHICH
EXPRESSES, DIRECTLY OR  INDIRECTLY,  ANY  LIMITATION,  SPECIFICATION  OR
DISCRIMINATION  AS TO RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIEN-
TATION, MILITARY STATUS, VETERAN STATUS, SEX, AGE,  DISABILITY,  MARITAL
STATUS,  OR  FAMILIAL STATUS, OR ANY INTENT TO MAKE ANY SUCH LIMITATION,
SPECIFICATION OR DISCRIMINATION.
  THE PROVISIONS OF THIS PARAGRAPH (A) SHALL NOT APPLY (1) TO THE RENTAL
OF A HOUSING ACCOMMODATION IN A BUILDING WHICH CONTAINS HOUSING ACCOMMO-
DATIONS FOR NOT MORE THAN TWO  FAMILIES  LIVING  INDEPENDENTLY  OF  EACH
OTHER,  IF  THE OWNER RESIDES IN ONE OF SUCH HOUSING ACCOMMODATIONS, (2)
TO THE RESTRICTION OF THE RENTAL OF ALL ROOMS IN A HOUSING ACCOMMODATION
TO INDIVIDUALS OF THE SAME SEX OR (3) TO THE RENTAL OF A ROOM  OR  ROOMS
IN  A  HOUSING  ACCOMMODATION,  IF SUCH RENTAL IS BY THE OCCUPANT OF THE
HOUSING ACCOMMODATION OR BY THE OWNER OF THE HOUSING  ACCOMMODATION  AND
THE  OWNER  RESIDES  IN  SUCH  HOUSING  ACCOMMODATION OR (4) SOLELY WITH
RESPECT TO AGE AND FAMILIAL STATUS  TO  THE  RESTRICTION  OF  THE  SALE,
RENTAL  OR LEASE OF HOUSING ACCOMMODATIONS EXCLUSIVELY TO PERSONS SIXTY-
TWO YEARS OF AGE OR OLDER AND THE SPOUSE OF  ANY  SUCH  PERSON,  OR  FOR
HOUSING  INTENDED  AND  OPERATED  FOR  OCCUPANCY  BY AT LEAST ONE PERSON
FIFTY-FIVE YEARS OF AGE OR OLDER PER UNIT. IN DETERMINING WHETHER  HOUS-
ING  IS  INTENDED AND OPERATED FOR OCCUPANCY BY PERSONS FIFTY-FIVE YEARS
OF AGE OR OLDER, SEC. 807(B) (2) (C) (42 U.S.C. 3607 (B) (2) (C)) OF THE
FEDERAL FAIR HOUSING ACT OF 1988, AS AMENDED, SHALL APPLY.
  (B) IT SHALL BE AN UNLAWFUL DISCRIMINATORY  PRACTICE  FOR  THE  OWNER,
LESSEE,  SUB-LESSEE,  OR  MANAGING  AGENT OF, OR OTHER PERSON HAVING THE
RIGHT OF OWNERSHIP OR POSSESSION OF OR THE RIGHT TO SELL, RENT OR LEASE,
LAND OR COMMERCIAL SPACE:
  (1) TO REFUSE TO SELL, RENT, LEASE OR OTHERWISE DENY  TO  OR  WITHHOLD
FROM  ANY PERSON OR GROUP OF PERSONS LAND OR COMMERCIAL SPACE BECAUSE OF
THE RACE, CREED, COLOR, NATIONAL ORIGIN,  SEXUAL  ORIENTATION,  MILITARY
STATUS,  VETERAN  STATUS, SEX, AGE, DISABILITY, MARITAL STATUS, OR FAMI-
LIAL STATUS OF SUCH PERSON OR PERSONS, OR TO REPRESENT THAT ANY  HOUSING
ACCOMMODATION  OR  LAND IS NOT AVAILABLE FOR INSPECTION, SALE, RENTAL OR
LEASE WHEN IN FACT IT IS SO AVAILABLE;
  (2) TO DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACE, CREED,  COLOR,
NATIONAL  ORIGIN,  SEXUAL  ORIENTATION, MILITARY STATUS, VETERAN STATUS,
SEX, AGE, DISABILITY, MARITAL STATUS, OR FAMILIAL STATUS IN  THE  TERMS,
CONDITIONS  OR  PRIVILEGES OF THE SALE, RENTAL OR LEASE OF ANY SUCH LAND
OR COMMERCIAL SPACE; OR IN THE FURNISHING OF FACILITIES OR  SERVICES  IN
CONNECTION THEREWITH;
  (3)  TO  PRINT  OR  CIRCULATE OR CAUSE TO BE PRINTED OR CIRCULATED ANY
STATEMENT, ADVERTISEMENT OR PUBLICATION, OR TO USE ANY FORM OF  APPLICA-
TION  FOR THE PURCHASE, RENTAL OR LEASE OF SUCH LAND OR COMMERCIAL SPACE
OR TO MAKE ANY RECORD OR INQUIRY  IN  CONNECTION  WITH  THE  PROSPECTIVE
PURCHASE,  RENTAL  OR  LEASE  OF  SUCH  LAND  OR  COMMERCIAL SPACE WHICH
EXPRESSES, DIRECTLY OR  INDIRECTLY,  ANY  LIMITATION,  SPECIFICATION  OR
DISCRIMINATION  AS TO RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIEN-
TATION, MILITARY STATUS, VETERAN STATUS, SEX, AGE,  DISABILITY,  MARITAL

A. 6539                             9

STATUS,  OR  FAMILIAL STATUS; OR ANY INTENT TO MAKE ANY SUCH LIMITATION,
SPECIFICATION OR DISCRIMINATION.
  (4)  WITH  RESPECT  TO AGE AND FAMILIAL STATUS, THE PROVISIONS OF THIS
PARAGRAPH SHALL NOT APPLY TO THE RESTRICTION  OF  THE  SALE,  RENTAL  OR
LEASE  OF  LAND  OR  COMMERCIAL  SPACE EXCLUSIVELY TO PERSONS FIFTY-FIVE
YEARS OF AGE OR OLDER AND THE SPOUSE OF  ANY  SUCH  PERSON,  OR  TO  THE
RESTRICTION  OF  THE  SALE,  RENTAL  OR LEASE OF LAND TO BE USED FOR THE
CONSTRUCTION, OR LOCATION  OF  HOUSING  ACCOMMODATIONS  EXCLUSIVELY  FOR
PERSONS  SIXTY-TWO  YEARS  OF AGE OR OLDER, OR INTENDED AND OPERATED FOR
OCCUPANCY BY AT LEAST ONE PERSON FIFTY-FIVE YEARS OF AGE  OR  OLDER  PER
UNIT.  IN DETERMINING WHETHER HOUSING IS INTENDED AND OPERATED FOR OCCU-
PANCY BY PERSONS FIFTY-FIVE YEARS OF AGE OR OLDER, SEC. 807(B)  (2)  (C)
(42  U.S.C. 3607(B) (2) (C)) OF THE FEDERAL FAIR HOUSING ACT OF 1988, AS
AMENDED, SHALL APPLY.
  (C) IT SHALL BE AN  UNLAWFUL  DISCRIMINATORY  PRACTICE  FOR  ANY  REAL
ESTATE BROKER, REAL ESTATE SALESPERSON OR EMPLOYEE OR AGENT THEREOF:
  (1)  TO  REFUSE TO SELL, RENT OR LEASE ANY HOUSING ACCOMMODATION, LAND
OR COMMERCIAL SPACE TO ANY PERSON OR GROUP OF PERSONS OR  TO  REFUSE  TO
NEGOTIATE  FOR  THE SALE, RENTAL OR LEASE, OF ANY HOUSING ACCOMMODATION,
LAND OR COMMERCIAL SPACE TO ANY PERSON OR GROUP OF  PERSONS  BECAUSE  OF
THE  RACE,  CREED,  COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY
STATUS, VETERAN STATUS, SEX, AGE, DISABILITY, MARITAL STATUS,  OR  FAMI-
LIAL  STATUS OF SUCH PERSON OR PERSONS, OR TO REPRESENT THAT ANY HOUSING
ACCOMMODATION, LAND OR COMMERCIAL SPACE IS NOT AVAILABLE FOR INSPECTION,
SALE, RENTAL OR LEASE WHEN IN FACT IT IS SO AVAILABLE, OR  OTHERWISE  TO
DENY  OR WITHHOLD ANY HOUSING ACCOMMODATION, LAND OR COMMERCIAL SPACE OR
ANY FACILITIES OF ANY HOUSING ACCOMMODATION, LAND  OR  COMMERCIAL  SPACE
FROM  ANY  PERSON OR GROUP OF PERSONS BECAUSE OF THE RACE, CREED, COLOR,
NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY  STATUS,  VETERAN  STATUS,
SEX,  AGE, DISABILITY, MARITAL STATUS, OR FAMILIAL STATUS OF SUCH PERSON
OR PERSONS.
  (2) TO PRINT OR CIRCULATE OR CAUSE TO BE  PRINTED  OR  CIRCULATED  ANY
STATEMENT,  ADVERTISEMENT OR PUBLICATION, OR TO USE ANY FORM OF APPLICA-
TION FOR THE PURCHASE, RENTAL OR LEASE  OF  ANY  HOUSING  ACCOMMODATION,
LAND  OR COMMERCIAL SPACE OR TO MAKE ANY RECORD OR INQUIRY IN CONNECTION
WITH THE PROSPECTIVE PURCHASE, RENTAL OR LEASE OF ANY  HOUSING  ACCOMMO-
DATION,  LAND OR COMMERCIAL SPACE WHICH EXPRESSES, DIRECTLY OR INDIRECT-
LY, ANY LIMITATION, SPECIFICATION, OR DISCRIMINATION AS TO RACE,  CREED,
COLOR,  NATIONAL  ORIGIN,  SEXUAL  ORIENTATION, MILITARY STATUS, VETERAN
STATUS, SEX, AGE, DISABILITY, MARITAL STATUS, OR FAMILIAL STATUS; OR ANY
INTENT TO MAKE ANY SUCH LIMITATION, SPECIFICATION OR DISCRIMINATION.
  (3) WITH RESPECT TO AGE AND FAMILIAL STATUS, THE  PROVISIONS  OF  THIS
PARAGRAPH  SHALL  NOT  APPLY  TO  THE RESTRICTION OF THE SALE, RENTAL OR
LEASE OF ANY LAND OR COMMERCIAL SPACE EXCLUSIVELY TO PERSONS  FIFTY-FIVE
YEARS  OF  AGE  OR  OLDER  AND  THE SPOUSE OF ANY SUCH PERSON, OR TO THE
RESTRICTION OF THE SALE, RENTAL OR LEASE OF ANY HOUSING ACCOMMODATION OR
LAND TO BE USED FOR THE CONSTRUCTION OR  LOCATION  OF  HOUSING  ACCOMMO-
DATIONS  FOR  PERSONS  SIXTY-TWO  YEARS OF AGE OR OLDER, OR INTENDED AND
OPERATED FOR OCCUPANCY BY AT LEAST ONE PERSON FIFTY-FIVE YEARS OF AGE OR
OLDER PER UNIT. IN DETERMINING WHETHER HOUSING IS INTENDED AND  OPERATED
FOR OCCUPANCY BY PERSONS FIFTY-FIVE YEARS OF AGE OR OLDER, SEC.  807 (B)
(2)  (C) (42 U.S.C. 3607 (B) (2) (C)) OF THE FEDERAL FAIR HOUSING ACT OF
1988, AS AMENDED, SHALL APPLY.
  (D) IT SHALL BE AN  UNLAWFUL  DISCRIMINATORY  PRACTICE  FOR  ANY  REAL
ESTATE BOARD, BECAUSE OF THE RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL
ORIENTATION,  MILITARY  STATUS,  AGE,  VETERAN  STATUS, SEX, DISABILITY,

A. 6539                            10

MARITAL STATUS, OR FAMILIAL STATUS OF ANY INDIVIDUAL  WHO  IS  OTHERWISE
QUALIFIED  FOR  MEMBERSHIP,  TO  EXCLUDE  OR  EXPEL SUCH INDIVIDUAL FROM
MEMBERSHIP, OR TO DISCRIMINATE AGAINST SUCH  INDIVIDUAL  IN  THE  TERMS,
CONDITIONS AND PRIVILEGES OF MEMBERSHIP IN SUCH BOARD.
  (E)  IT  SHALL  BE  AN UNLAWFUL DISCRIMINATORY PRACTICE FOR THE OWNER,
PROPRIETOR OR MANAGING AGENT OF, OR OTHER PERSON  HAVING  THE  RIGHT  TO
PROVIDE CARE AND SERVICES IN, A PRIVATE PROPRIETARY NURSING HOME, CONVA-
LESCENT  HOME,  OR HOME FOR ADULTS, OR AN INTERMEDIATE CARE FACILITY, AS
DEFINED  IN  SECTION  TWO  OF  THE  SOCIAL  SERVICES   LAW,   HERETOFORE
CONSTRUCTED,  OR TO BE CONSTRUCTED, OR ANY AGENT OR EMPLOYEE THEREOF, TO
REFUSE TO PROVIDE SERVICES AND CARE IN SUCH  HOME  OR  FACILITY  TO  ANY
INDIVIDUAL  OR  TO  DISCRIMINATE  AGAINST  ANY  INDIVIDUAL IN THE TERMS,
CONDITIONS, AND PRIVILEGES OF SUCH SERVICES AND CARE SOLELY BECAUSE SUCH
INDIVIDUAL IS A BLIND PERSON. FOR PURPOSES OF THIS PARAGRAPH,  A  "BLIND
PERSON" SHALL MEAN A PERSON WHO IS REGISTERED AS A BLIND PERSON WITH THE
COMMISSION  FOR THE VISUALLY HANDICAPPED AND WHO MEETS THE DEFINITION OF
A "BLIND PERSON" PURSUANT TO  SECTION  THREE  OF  CHAPTER  FOUR  HUNDRED
FIFTEEN  OF  THE  LAWS  OF NINETEEN HUNDRED THIRTEEN ENTITLED "AN ACT TO
ESTABLISH A STATE COMMISSION FOR IMPROVING THE CONDITION OF THE BLIND OF
THE STATE OF NEW YORK, AND MAKING AN APPROPRIATION THEREFOR".
  (F) THE PROVISIONS OF THIS SUBDIVISION, AS THEY RELATE TO  AGE,  SHALL
NOT APPLY TO PERSONS UNDER THE AGE OF EIGHTEEN YEARS.
  (G)  IT  SHALL  BE  AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY PERSON
OFFERING OR PROVIDING HOUSING ACCOMMODATIONS, LAND OR  COMMERCIAL  SPACE
AS DESCRIBED IN PARAGRAPHS (A), (B), AND (C) OF THIS SUBDIVISION TO MAKE
OR  CAUSE  TO  BE  MADE ANY WRITTEN OR ORAL INQUIRY OR RECORD CONCERNING
MEMBERSHIP OF ANY PERSON IN THE STATE ORGANIZED MILITIA IN  RELATION  TO
THE  PURCHASE,  RENTAL  OR LEASE OF SUCH HOUSING ACCOMMODATION, LAND, OR
COMMERCIAL SPACE, PROVIDED, HOWEVER, THAT NOTHING  IN  THIS  SUBDIVISION
SHALL  PROHIBIT A MEMBER OF THE STATE ORGANIZED MILITIA FROM VOLUNTARILY
DISCLOSING SUCH MEMBERSHIP.
  6. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY  PERSON  TO
AID, ABET, INCITE, COMPEL OR COERCE THE DOING OF ANY OF THE ACTS FORBID-
DEN UNDER THIS ARTICLE, OR TO ATTEMPT TO DO SO.
  7.  IT  SHALL  BE  AN  UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY PERSON
ENGAGED IN ANY ACTIVITY TO WHICH THIS SECTION APPLIES  TO  RETALIATE  OR
DISCRIMINATE  AGAINST ANY PERSON BECAUSE HE OR SHE HAS OPPOSED ANY PRAC-
TICES FORBIDDEN UNDER THIS ARTICLE OR BECAUSE HE  OR  SHE  HAS  FILED  A
COMPLAINT, TESTIFIED OR ASSISTED IN ANY PROCEEDING UNDER THIS ARTICLE.
  8.  IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY PARTY TO A
CONCILIATION AGREEMENT MADE PURSUANT TO SECTION TWO HUNDRED NINETY-SEVEN
OF THIS ARTICLE TO VIOLATE THE TERMS OF SUCH AGREEMENT.
  9. (A) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE  FOR  ANY  FIRE
DEPARTMENT OR FIRE COMPANY THEREIN, THROUGH ANY MEMBER OR MEMBERS THERE-
OF, OFFICERS, BOARD OF FIRE COMMISSIONERS OR OTHER BODY OR OFFICE HAVING
POWER  OF APPOINTMENT OF VOLUNTEER FIREFIGHTERS, DIRECTLY OR INDIRECTLY,
BY RITUALISTIC PRACTICE, CONSTITUTIONAL OR BY-LAW PRESCRIPTION, BY TACIT
AGREEMENT AMONG ITS MEMBERS, OR OTHERWISE, TO  DENY  TO  ANY  INDIVIDUAL
MEMBERSHIP  IN ANY VOLUNTEER FIRE DEPARTMENT OR FIRE COMPANY THEREIN, OR
TO EXPEL OR DISCRIMINATE AGAINST ANY VOLUNTEER MEMBER OF A FIRE  DEPART-
MENT  OR  FIRE  COMPANY  THEREIN,  BECAUSE  OF  THE  RACE, CREED, COLOR,
NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY  STATUS,  VETERAN  STATUS,
SEX OR MARITAL STATUS OF SUCH INDIVIDUAL.
  (B)  UPON  A COMPLAINT TO THE DIVISION, AS PROVIDED FOR UNDER SUBDIVI-
SION ONE OF SECTION TWO HUNDRED NINETY-SEVEN OF THIS ARTICLE, AND IN THE
EVENT THE COMMISSIONER FINDS THAT AN  UNLAWFUL  DISCRIMINATORY  PRACTICE

A. 6539                            11

HAS  BEEN  ENGAGED  IN, THE BOARD OF FIRE COMMISSIONERS OR OTHER BODY OR
OFFICE HAVING POWER OF APPOINTMENT OF VOLUNTEER  FIREFIGHTERS  SHALL  BE
SERVED  WITH  ANY  ORDER REQUIRED, UNDER SUBDIVISION FOUR OF SECTION TWO
HUNDRED  NINETY-SEVEN  OF  THIS  ARTICLE,  TO  BE  SERVED  ON ANY OR ALL
RESPONDENTS REQUIRING SUCH RESPONDENT OR RESPONDENTS TO CEASE AND DESIST
FROM SUCH UNLAWFUL  DISCRIMINATORY  PRACTICE  AND  TO  TAKE  AFFIRMATIVE
ACTION.  SUCH BOARD SHALL HAVE THE DUTY AND POWER TO APPOINT AS A VOLUN-
TEER FIREFIGHTER, NOTWITHSTANDING ANY OTHER STATUTE OR PROVISION OF  LAW
OR BY-LAW OF ANY VOLUNTEER FIRE COMPANY, ANY INDIVIDUAL WHOM THE COMMIS-
SIONER  HAS  DETERMINED  TO BE THE SUBJECT OF AN UNLAWFUL DISCRIMINATORY
PRACTICE UNDER THIS SUBDIVISION. UNLESS SUCH BOARD  HAS  BEEN  FOUND  TO
HAVE  ENGAGED  IN AN UNLAWFUL DISCRIMINATORY PRACTICE, SERVICE UPON SUCH
BOARD OF SUCH ORDER SHALL NOT CONSTITUTE SUCH BOARD OR ITS MEMBERS AS  A
RESPONDENT  NOR CONSTITUTE A FINDING OF AN UNLAWFUL DISCRIMINATORY PRAC-
TICE AGAINST SUCH BOARD OR ITS MEMBERS.
  10. (A) IT SHALL  BE  AN  UNLAWFUL  DISCRIMINATORY  PRACTICE  FOR  ANY
EMPLOYER,  OR AN EMPLOYEE OR AGENT THEREOF, TO IMPOSE UPON A PERSON AS A
CONDITION OF OBTAINING OR RETAINING EMPLOYMENT, INCLUDING  OPPORTUNITIES
FOR  PROMOTION,  ADVANCEMENT  OR TRANSFERS, ANY TERMS OR CONDITIONS THAT
WOULD REQUIRE SUCH PERSON TO VIOLATE OR FOREGO A SINCERELY HELD PRACTICE
OF HIS OR HER RELIGION, INCLUDING BUT NOT LIMITED TO THE  OBSERVANCE  OF
ANY  PARTICULAR DAY OR DAYS OR ANY PORTION THEREOF AS A SABBATH OR OTHER
HOLY DAY IN ACCORDANCE WITH THE REQUIREMENTS OF  HIS  OR  HER  RELIGION,
UNLESS,  AFTER ENGAGING IN A BONA FIDE EFFORT, THE EMPLOYER DEMONSTRATES
THAT IT IS UNABLE TO REASONABLY ACCOMMODATE THE EMPLOYEE'S  OR  PROSPEC-
TIVE  EMPLOYEE'S SINCERELY HELD RELIGIOUS OBSERVANCE OR PRACTICE WITHOUT
UNDUE HARDSHIP ON THE CONDUCT OF THE EMPLOYER'S BUSINESS.  NOTWITHSTAND-
ING ANY OTHER PROVISION OF LAW TO THE CONTRARY, AN EMPLOYEE SHALL NOT BE
ENTITLED TO PREMIUM WAGES OR PREMIUM BENEFITS FOR WORK PERFORMED  DURING
HOURS  TO  WHICH SUCH PREMIUM WAGES OR PREMIUM BENEFITS WOULD ORDINARILY
BE APPLICABLE, IF THE EMPLOYEE IS WORKING DURING SUCH HOURS ONLY  AS  AN
ACCOMMODATION TO HIS OR HER SINCERELY HELD RELIGIOUS REQUIREMENTS. NOTH-
ING  IN  THIS PARAGRAPH OR PARAGRAPH (B) OF THIS SUBDIVISION SHALL ALTER
OR ABRIDGE THE RIGHTS GRANTED TO AN EMPLOYEE CONCERNING THE  PAYMENT  OF
WAGES OR PRIVILEGES OF SENIORITY ACCRUING TO THAT EMPLOYEE.
  (B)  EXCEPT  WHERE  IT WOULD CAUSE AN EMPLOYER TO INCUR AN UNDUE HARD-
SHIP, NO PERSON SHALL BE REQUIRED TO REMAIN  AT  HIS  OR  HER  PLACE  OF
EMPLOYMENT DURING ANY DAY OR DAYS OR PORTION THEREOF THAT, AS A REQUIRE-
MENT OF HIS OR HER RELIGION, HE OR SHE OBSERVES AS HIS OR HER SABBATH OR
OTHER HOLY DAY, INCLUDING A REASONABLE TIME PRIOR AND SUBSEQUENT THERETO
FOR  TRAVEL  BETWEEN HIS OR HER PLACE OF EMPLOYMENT AND HIS OR HER HOME,
PROVIDED HOWEVER, THAT ANY SUCH ABSENCE FROM WORK SHALL, WHEREVER  PRAC-
TICABLE  IN  THE  REASONABLE  JUDGMENT OF THE EMPLOYER, BE MADE UP BY AN
EQUIVALENT AMOUNT OF TIME AND WORK AT  SOME  OTHER  MUTUALLY  CONVENIENT
TIME, OR SHALL BE CHARGED AGAINST ANY LEAVE WITH PAY ORDINARILY GRANTED,
OTHER  THAN SICK LEAVE, PROVIDED FURTHER, HOWEVER, THAT ANY SUCH ABSENCE
NOT SO MADE UP OR CHARGED, MAY BE TREATED BY THE EMPLOYER OF SUCH PERSON
AS LEAVE TAKEN WITHOUT PAY.
  (C) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER TO
REFUSE TO PERMIT AN EMPLOYEE TO UTILIZE LEAVE, AS PROVIDED IN  PARAGRAPH
(B)  OF  THIS  SUBDIVISION,  SOLELY  BECAUSE  THE LEAVE WILL BE USED FOR
ABSENCE FROM WORK TO ACCOMMODATE THE EMPLOYEE'S SINCERELY HELD RELIGIOUS
OBSERVANCE OR PRACTICE.
  (D) AS USED IN THIS SUBDIVISION: (1) "UNDUE HARDSHIP"  SHALL  MEAN  AN
ACCOMMODATION  REQUIRING  SIGNIFICANT EXPENSE OR DIFFICULTY (INCLUDING A
SIGNIFICANT INTERFERENCE WITH THE SAFE OR  EFFICIENT  OPERATION  OF  THE

A. 6539                            12

WORKPLACE OR A VIOLATION OF A BONA FIDE SENIORITY SYSTEM). FACTORS TO BE
CONSIDERED IN DETERMINING WHETHER THE ACCOMMODATION CONSTITUTES AN UNDUE
ECONOMIC HARDSHIP SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (I) THE IDENTIFIABLE COST OF THE ACCOMMODATION, INCLUDING THE COSTS OF
LOSS  OF  PRODUCTIVITY  AND  OF  RETAINING OR HIRING EMPLOYEES OR TRANS-
FERRING EMPLOYEES FROM ONE FACILITY TO ANOTHER, IN RELATION TO THE  SIZE
AND OPERATING COST OF THE EMPLOYER;
  (II)  THE  NUMBER OF INDIVIDUALS WHO WILL NEED THE PARTICULAR ACCOMMO-
DATION TO A SINCERELY HELD RELIGIOUS OBSERVANCE OR PRACTICE; AND
  (III) FOR AN EMPLOYER WITH MULTIPLE FACILITIES, THE  DEGREE  TO  WHICH
THE  GEOGRAPHIC SEPARATENESS OR ADMINISTRATIVE OR FISCAL RELATIONSHIP OF
THE FACILITIES WILL MAKE THE ACCOMMODATION MORE DIFFICULT OR EXPENSIVE.
  PROVIDED, HOWEVER, AN ACCOMMODATION SHALL BE CONSIDERED TO  CONSTITUTE
AN  UNDUE  HARDSHIP IF IT WILL RESULT IN THE INABILITY OF AN EMPLOYEE TO
PERFORM THE ESSENTIAL FUNCTIONS OF THE POSITION IN WHICH HE  OR  SHE  IS
EMPLOYED.
  (2)  "PREMIUM  WAGES" SHALL INCLUDE OVERTIME PAY AND COMPENSATORY TIME
OFF, AND ADDITIONAL REMUNERATION FOR NIGHT, WEEKEND OR HOLIDAY WORK,  OR
FOR STANDBY OR IRREGULAR DUTY.
  (3)  "PREMIUM  BENEFIT"  SHALL  MEAN  AN  EMPLOYMENT  BENEFIT, SUCH AS
SENIORITY, GROUP LIFE INSURANCE, HEALTH INSURANCE, DISABILITY INSURANCE,
SICK LEAVE, ANNUAL LEAVE, OR AN EDUCATIONAL OR PENSION BENEFIT  THAT  IS
GREATER  THAN  THE EMPLOYMENT BENEFIT DUE THE EMPLOYEE FOR AN EQUIVALENT
PERIOD OF WORK PERFORMED DURING THE REGULAR WORK SCHEDULE OF THE EMPLOY-
EE.
  IN THE CASE OF ANY EMPLOYER OTHER THAN THE STATE, ANY OF ITS POLITICAL
SUBDIVISIONS OR ANY SCHOOL DISTRICT, THIS SUBDIVISION  SHALL  NOT  APPLY
WHERE  THE  UNIFORM APPLICATION OF TERMS AND CONDITIONS OF ATTENDANCE TO
EMPLOYEES IS ESSENTIAL TO PREVENT UNDUE ECONOMIC HARDSHIP TO THE EMPLOY-
ER. IN ANY PROCEEDING IN WHICH THE APPLICABILITY OF THIS SUBDIVISION  IS
IN  ISSUE, THE BURDEN OF PROOF SHALL BE UPON THE EMPLOYER.  IF ANY QUES-
TION SHALL ARISE WHETHER A PARTICULAR POSITION OR CLASS OF POSITIONS  IS
EXCEPTED  FROM  THIS SUBDIVISION BY THIS PARAGRAPH, SUCH QUESTION MAY BE
REFERRED IN WRITING BY ANY PARTY CLAIMED TO BE AGGRIEVED, IN THE CASE OF
ANY POSITION OF EMPLOYMENT BY THE STATE OR ANY OF ITS POLITICAL SUBDIVI-
SIONS, EXCEPT BY ANY SCHOOL DISTRICT, TO THE CIVIL  SERVICE  COMMISSION,
IN THE CASE OF ANY POSITION OF EMPLOYMENT BY ANY SCHOOL DISTRICT, TO THE
COMMISSIONER  OF EDUCATION, WHO SHALL DETERMINE SUCH QUESTION AND IN THE
CASE OF ANY OTHER EMPLOYER, A PARTY CLAIMING TO BE AGGRIEVED MAY FILE  A
COMPLAINT  WITH THE DIVISION PURSUANT TO THIS ARTICLE. ANY SUCH DETERMI-
NATION BY THE CIVIL SERVICE COMMISSION SHALL BE REVIEWABLE IN THE MANNER
PROVIDED BY ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE  LAW  AND  RULES
AND  ANY  SUCH  DETERMINATION  BY THE COMMISSIONER OF EDUCATION SHALL BE
REVIEWABLE IN THE MANNER AND TO THE SAME EXTENT AS OTHER  DETERMINATIONS
OF  THE  COMMISSIONER  UNDER  SECTION THREE HUNDRED TEN OF THE EDUCATION
LAW.
  11. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED  TO  BAR  ANY
RELIGIOUS  OR  DENOMINATIONAL INSTITUTION OR ORGANIZATION, OR ANY ORGAN-
IZATION OPERATED FOR CHARITABLE OR EDUCATIONAL PURPOSES, WHICH IS  OPER-
ATED,  SUPERVISED  OR  CONTROLLED  BY  OR IN CONNECTION WITH A RELIGIOUS
ORGANIZATION, FROM LIMITING EMPLOYMENT OR SALES  OR  RENTAL  OF  HOUSING
ACCOMMODATIONS  OR  ADMISSION  TO OR GIVING PREFERENCE TO PERSONS OF THE
SAME RELIGION OR DENOMINATION OR FROM TAKING SUCH ACTION  AS  IS  CALCU-
LATED BY SUCH ORGANIZATION TO PROMOTE THE RELIGIOUS PRINCIPLES FOR WHICH
IT IS ESTABLISHED OR MAINTAINED.

A. 6539                            13

  12.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISIONS ONE, ONE-A AND
THREE-A OF THIS SECTION, IT SHALL  NOT  BE  AN  UNLAWFUL  DISCRIMINATORY
PRACTICE FOR AN EMPLOYER, EMPLOYMENT AGENCY, LABOR ORGANIZATION OR JOINT
LABOR-MANAGEMENT  COMMITTEE  TO  CARRY OUT A PLAN, APPROVED BY THE DIVI-
SION,  TO INCREASE THE EMPLOYMENT OF MEMBERS OF A MINORITY GROUP (AS MAY
BE DEFINED PURSUANT TO THE REGULATIONS OF  THE  DIVISION)  WHICH  HAS  A
STATE-WIDE  UNEMPLOYMENT RATE THAT IS DISPROPORTIONATELY HIGH IN COMPAR-
ISON WITH THE STATE-WIDE UNEMPLOYMENT RATE OF  THE  GENERAL  POPULATION.
ANY  PLAN  APPROVED  UNDER  THIS SUBDIVISION SHALL BE IN WRITING AND THE
DIVISION'S APPROVAL THEREOF SHALL BE FOR A LIMITED  PERIOD  AND  MAY  BE
RESCINDED AT ANY TIME BY THE DIVISION.
  13. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE (I) FOR ANY PERSON
TO DISCRIMINATE AGAINST, BOYCOTT OR BLACKLIST, OR TO REFUSE TO BUY FROM,
SELL  TO  OR  TRADE WITH, ANY PERSON, BECAUSE OF THE RACE, CREED, COLOR,
NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY OR VETERAN STATUS  OR  SEX
OF  SUCH  PERSON,  OR  OF SUCH PERSON'S PARTNERS, MEMBERS, STOCKHOLDERS,
DIRECTORS, OFFICERS, MANAGERS, SUPERINTENDENTS, AGENTS, EMPLOYEES, BUSI-
NESS ASSOCIATES, SUPPLIERS OR CUSTOMERS, OR (II) FOR ANY PERSON WILFULLY
TO DO ANY ACT OR REFRAIN FROM DOING  ANY  ACT  WHICH  ENABLES  ANY  SUCH
PERSON TO TAKE SUCH ACTION. THIS SUBDIVISION SHALL NOT APPLY TO:
  (A) BOYCOTTS CONNECTED WITH LABOR DISPUTES; OR
  (B) BOYCOTTS TO PROTEST UNLAWFUL DISCRIMINATORY PRACTICES.
  14.  IT  SHALL  BE  AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY PERSON
ENGAGED IN ANY ACTIVITY COVERED BY THIS SECTION TO DISCRIMINATE  AGAINST
A  BLIND  PERSON, A HEARING IMPAIRED PERSON WHO HAS A HEARING IMPAIRMENT
MANIFESTED BY A SPEECH DISCRIMINATION SCORE OF FORTY PERCENT OR LESS  IN
THE  BETTER  EAR  WITH APPROPRIATE CORRECTION AS CERTIFIED BY A LICENSED
AUDIOLOGIST OR OTOLARYNGOLOGIST AS  DEFINED  IN  SECTION  SEVEN  HUNDRED
EIGHTY-NINE  OF THE GENERAL BUSINESS LAW OR A PHYSICIAN WHO HAS EXAMINED
SUCH PERSON PURSUANT TO THE PROVISIONS OF ARTICLE THIRTY-SEVEN-A OF SUCH
LAW OR A PERSON WITH A DISABILITY ON THE BASIS OF HIS OR HER  USE  OF  A
GUIDE DOG, HEARING DOG OR SERVICE DOG.
  15.  IT  SHALL  BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY PERSON,
AGENCY, BUREAU, CORPORATION OR ASSOCIATION, INCLUDING THE STATE AND  ANY
POLITICAL  SUBDIVISION THEREOF, TO DENY ANY LICENSE OR EMPLOYMENT TO ANY
INDIVIDUAL BY REASON OF HIS OR HER HAVING BEEN CONVICTED OF ONE OR  MORE
CRIMINAL  OFFENSES,  OR  BY REASON OF A FINDING OF A LACK OF "GOOD MORAL
CHARACTER" WHICH IS BASED UPON HIS OR HER HAVING BEEN CONVICTED  OF  ONE
OR  MORE  CRIMINAL  OFFENSES,  WHEN  SUCH  DENIAL IS IN VIOLATION OF THE
PROVISIONS OF ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW.
  16. IT SHALL BE AN UNLAWFUL DISCRIMINATORY  PRACTICE,  UNLESS  SPECIF-
ICALLY REQUIRED OR PERMITTED BY STATUTE, FOR ANY PERSON, AGENCY, BUREAU,
CORPORATION OR ASSOCIATION, INCLUDING THE STATE AND ANY POLITICAL SUBDI-
VISION THEREOF, TO MAKE ANY INQUIRY ABOUT, WHETHER IN ANY FORM OF APPLI-
CATION  OR  OTHERWISE,  OR  TO  ACT  UPON  ADVERSELY  TO  THE INDIVIDUAL
INVOLVED, ANY ARREST OR CRIMINAL ACCUSATION OF SUCH INDIVIDUAL NOT  THEN
PENDING  AGAINST  THAT INDIVIDUAL WHICH WAS FOLLOWED BY A TERMINATION OF
THAT CRIMINAL ACTION OR PROCEEDING  IN  FAVOR  OF  SUCH  INDIVIDUAL,  AS
DEFINED  IN  SUBDIVISION TWO OF SECTION 160.50 OF THE CRIMINAL PROCEDURE
LAW, IN CONNECTION WITH THE LICENSING, EMPLOYMENT OR PROVIDING OF CREDIT
OR INSURANCE TO SUCH INDIVIDUAL; PROVIDED, HOWEVER, THAT THE  PROVISIONS
HEREOF  SHALL  NOT  APPLY  TO  THE  LICENSING ACTIVITIES OF GOVERNMENTAL
BODIES IN RELATION TO THE REGULATION OF GUNS, FIREARMS AND OTHER  DEADLY
WEAPONS  OR  IN  RELATION  TO  AN APPLICATION FOR EMPLOYMENT AS A POLICE
OFFICER OR PEACE OFFICER AS THOSE  TERMS  ARE  DEFINED  IN  SUBDIVISIONS

A. 6539                            14

THIRTY-THREE  AND  THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE
LAW.
  17. NOTHING IN THIS SECTION SHALL PROHIBIT THE OFFER AND ACCEPTANCE OF
A  DISCOUNT  TO  A  PERSON  SIXTY-FIVE YEARS OF AGE OR OLDER FOR HOUSING
ACCOMMODATIONS.
  18. IT SHALL BE AN UNLAWFUL DISCRIMINATORY  PRACTICE  FOR  THE  OWNER,
LESSEE,  SUB-LESSEE,  ASSIGNEE,  OR  MANAGING  AGENT OF, OR OTHER PERSON
HAVING THE RIGHT OF OWNERSHIP OF OR POSSESSION OF OR THE RIGHT  TO  RENT
OR LEASE HOUSING ACCOMMODATIONS:
  (1) TO REFUSE TO PERMIT, AT THE EXPENSE OF A PERSON WITH A DISABILITY,
REASONABLE MODIFICATIONS OF EXISTING PREMISES OCCUPIED OR TO BE OCCUPIED
BY  THE SAID PERSON, IF THE MODIFICATIONS MAY BE NECESSARY TO AFFORD THE
SAID PERSON FULL ENJOYMENT OF  THE  PREMISES,  IN  CONFORMITY  WITH  THE
PROVISIONS  OF  THE  NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING
CODE EXCEPT THAT, IN THE CASE OF A RENTAL, THE LANDLORD MAY, WHERE IT IS
REASONABLE TO DO SO, CONDITION PERMISSION  FOR  A  MODIFICATION  ON  THE
RENTER'S  AGREEING TO RESTORE THE INTERIOR OF THE PREMISES TO THE CONDI-
TION THAT EXISTED BEFORE THE  MODIFICATION,  REASONABLE  WEAR  AND  TEAR
EXCEPTED;
  (2)  TO  REFUSE  TO MAKE REASONABLE ACCOMMODATIONS IN RULES, POLICIES,
PRACTICES, OR SERVICES, WHEN SUCH ACCOMMODATIONS  MAY  BE  NECESSARY  TO
AFFORD  SAID PERSON WITH A DISABILITY EQUAL OPPORTUNITY TO USE AND ENJOY
A DWELLING; OR
  (3)  IN  CONNECTION  WITH  THE  DESIGN  AND  CONSTRUCTION  OF  COVERED
MULTI-FAMILY DWELLINGS FOR FIRST OCCUPANCY AFTER MARCH THIRTEENTH, NINE-
TEEN  HUNDRED NINETY-ONE, A FAILURE TO DESIGN AND CONSTRUCT DWELLINGS IN
ACCORDANCE WITH THE ACCESSIBILITY REQUIREMENTS FOR  MULTI-FAMILY  DWELL-
INGS  FOUND  IN  THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING
CODE TO PROVIDE THAT:
  (I) THE PUBLIC USE AND COMMON USE PORTIONS OF THE DWELLINGS ARE READI-
LY ACCESSIBLE TO AND USABLE BY PERSONS WITH DISABILITIES;
  (II) ALL THE DOORS ARE DESIGNED IN ACCORDANCE WITH THE NEW YORK  STATE
UNIFORM  FIRE  PREVENTION  AND  BUILDING  CODE TO ALLOW PASSAGE INTO AND
WITHIN ALL PREMISES AND  ARE  SUFFICIENTLY  WIDE  TO  ALLOW  PASSAGE  BY
PERSONS IN WHEELCHAIRS; AND
  (III)  ALL PREMISES WITHIN COVERED MULTI-FAMILY DWELLING UNITS CONTAIN
AN ACCESSIBLE ROUTE INTO AND THROUGH THE DWELLING; LIGHT SWITCHES, ELEC-
TRICAL OUTLETS, THERMOSTATS, AND OTHER  ENVIRONMENTAL  CONTROLS  ARE  IN
ACCESSIBLE  LOCATIONS; THERE ARE REINFORCEMENTS IN THE BATHROOM WALLS TO
ALLOW LATER INSTALLATION OF GRAB BARS; AND THERE ARE USABLE KITCHENS AND
BATHROOMS SUCH THAT AN INDIVIDUAL IN A WHEELCHAIR CAN MANEUVER ABOUT THE
SPACE, IN CONFORMITY WITH THE NEW YORK STATE UNIFORM FIRE PREVENTION AND
BUILDING CODE.
  19. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF  THIS  SUBDIVISION,  IT
SHALL  BE  AN  UNLAWFUL  DISCRIMINATORY  PRACTICE OF ANY EMPLOYER, LABOR
ORGANIZATION, EMPLOYMENT AGENCY, LICENSING  AGENCY,  OR  ITS  EMPLOYEES,
AGENTS, OR MEMBERS:
  (1) TO DIRECTLY OR INDIRECTLY SOLICIT, REQUIRE, OR ADMINISTER A GENET-
IC  TEST  TO  A  PERSON,  OR SOLICIT OR REQUIRE INFORMATION FROM WHICH A
PREDISPOSING GENETIC CHARACTERISTIC CAN BE INFERRED AS  A  CONDITION  OF
EMPLOYMENT, PREEMPLOYMENT APPLICATION, LABOR ORGANIZATION MEMBERSHIP, OR
LICENSURE; OR
  (2)  TO  BUY  OR OTHERWISE ACQUIRE THE RESULTS OR INTERPRETATION OF AN
INDIVIDUAL'S GENETIC TEST RESULTS OR INFORMATION FROM WHICH A PREDISPOS-
ING GENETIC CHARACTERISTIC CAN BE INFERRED OR TO MAKE AN AGREEMENT  WITH

A. 6539                            15

AN  INDIVIDUAL TO TAKE A GENETIC TEST OR PROVIDE GENETIC TEST RESULTS OR
SUCH INFORMATION.
  (B) AN EMPLOYER MAY REQUIRE A SPECIFIED GENETIC TEST AS A CONDITION OF
EMPLOYMENT  WHERE  SUCH  A  TEST  IS SHOWN TO BE DIRECTLY RELATED TO THE
OCCUPATIONAL ENVIRONMENT, SUCH THAT THE EMPLOYEE  OR  APPLICANT  WITH  A
PARTICULAR GENETIC ANOMALY MIGHT BE AT AN INCREASED RISK OF DISEASE AS A
RESULT OF WORKING IN SAID ENVIRONMENT.
  (C)  NOTHING  IN THIS SECTION SHALL PROHIBIT THE GENETIC TESTING OF AN
EMPLOYEE WHO REQUESTS A  GENETIC  TEST  AND  WHO  PROVIDES  WRITTEN  AND
INFORMED  CONSENT  TO  TAKING  A  GENETIC  TEST FOR ANY OF THE FOLLOWING
PURPOSES:
  (1) PURSUANT TO A WORKERS' COMPENSATION CLAIM;
  (2) PURSUANT TO CIVIL LITIGATION; OR
  (3) TO DETERMINE THE EMPLOYEE'S SUSCEPTIBILITY TO POTENTIALLY CARCINO-
GENIC, TOXIC, OR OTHERWISE HAZARDOUS CHEMICALS OR  SUBSTANCES  FOUND  IN
THE  WORKPLACE  ENVIRONMENT  ONLY IF THE EMPLOYER DOES NOT TERMINATE THE
EMPLOYEE OR TAKE ANY OTHER  ACTION  THAT  ADVERSELY  AFFECTS  ANY  TERM,
CONDITION  OR  PRIVILEGE  OF  EMPLOYMENT  PURSUANT  TO  THE GENETIC TEST
RESULTS.
  (D) IF AN EMPLOYEE CONSENTS TO GENETIC TESTING FOR ANY OF  THE  AFORE-
MENTIONED ALLOWABLE REASONS, HE OR SHE MUST BE GIVEN AND SIGN AN AUTHOR-
IZATION  OF  CONSENT  FORM WHICH EXPLICITLY STATES THE SPECIFIC PURPOSE,
USES AND LIMITATIONS OF THE GENETIC TESTS AND  THE  SPECIFIC  TRAITS  OR
CHARACTERISTICS TO BE TESTED.
  20. NOTHING IN THIS SECTION SHALL PROHIBIT THE OFFER AND ACCEPTANCE OF
A  DISCOUNT FOR HOUSING ACCOMMODATIONS TO A PERSON WITH A DISABILITY, AS
DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION TWO HUNDRED  NINETY-TWO  OF
THIS ARTICLE.
  S 3. This act shall take effect immediately.