LBD13135-05-2
S. 8153--A 2
identity or expression, military status, sex, HEIGHT, WEIGHT, disabili-
ty, predisposing genetic characteristics, familial status, marital
status, or status as a victim of domestic violence, 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, condi-
tions or privileges of employment.
(b) For an employment agency to discriminate against any individual
because of age, race, creed, color, national origin, sexual orientation,
gender identity or expression, military status, sex, HEIGHT, WEIGHT,
disability, predisposing genetic characteristics, familial status, 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, gender identity or expression,
military status, sex, HEIGHT, WEIGHT, disability, predisposing genetic
characteristics, familial status, or marital status of any individual,
to exclude or to expel from its membership such individual 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,
gender identity or expression, military status, sex, HEIGHT, WEIGHT,
disability, predisposing genetic characteristics, familial status, or
marital status, or any intent to make any such limitation, specification
or discrimination, unless based upon a bona fide occupational qualifica-
tion; provided, however, that neither this paragraph nor any provision
of this chapter or other law shall be construed to prohibit the depart-
ment of civil service or the department of personnel of any city
containing more than one county from requesting information from appli-
cants for civil service examinations concerning any of the aforemen-
tioned characteristics, other than sexual orientation, for the purpose
of conducting studies to identify and resolve possible problems 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 or gender identity or expression, military
status, sex, HEIGHT, WEIGHT, disability, predisposing genetic character-
istics, familial status, or marital status.
(h) For an employer, licensing agency, employment agency or labor
organization to subject any individual to harassment because of an indi-
vidual's age, race, creed, color, national origin, sexual orientation,
gender identity or expression, military status, sex, HEIGHT, WEIGHT,
disability, predisposing genetic characteristics, familial status, mari-
tal status, domestic violence victim status, or because the individual
has opposed any practices forbidden under this article or because the
individual has filed a complaint, testified or assisted in any proceed-
ing under this article, regardless of whether such harassment would be
considered severe or pervasive under precedent applied to harassment
claims. Such harassment is an unlawful discriminatory practice when it
subjects an individual to inferior terms, conditions or privileges of
employment because of the individual's membership in one or more of
S. 8153--A 3
these protected categories. The fact that such individual did not make a
complaint about the harassment to such employer, licensing agency,
employment agency or labor organization shall not be determinative of
whether such employer, licensing agency, employment agency or labor
organization shall be liable. Nothing in this section shall imply that
an employee must demonstrate the existence of an individual to whom the
employee's treatment must be compared. It shall be an affirmative
defense to liability under this subdivision that the harassing conduct
does not rise above the level of what a reasonable victim of discrimi-
nation with the same protected characteristic or characteristics would
consider petty slights or trivial inconveniences.
(b) To deny to or withhold from any person because of race, creed,
color, national origin, sexual orientation, gender identity or
expression, military status, sex, HEIGHT, WEIGHT, age, disability, fami-
lial status, or marital status, the right to be admitted to or partic-
ipate 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, gender identity or expression,
military status, sex, HEIGHT, WEIGHT, age, disability, familial status
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, gender identity or expression, military status, sex,
HEIGHT, WEIGHT, age, disability, familial status or marital status, or
any intention to make any such limitation, specification or discrimi-
nation, unless based on a bona fide occupational qualification.
(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,
gender identity or expression, military status, sex, HEIGHT, WEIGHT,
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 privileges thereof, including the extension of
credit, or, directly or indirectly, 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, gender identity or expression, military
status, sex, HEIGHT, WEIGHT, 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,
gender identity or expression, military status, sex, HEIGHT, WEIGHT 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
S. 8153--A 4
exemption based on bona fide considerations of public policy; nor shall
this subdivision apply to the rental of rooms in a housing accommodation
which restricts such rental to individuals of one sex. NOTHING IN THIS
SUBDIVISION SHALL BE CONSTRUED TO PREVENT THE BARRING OF ANY PERSON,
BECAUSE OF HEIGHT OR WEIGHT OF SUCH PERSON, FROM PLACES OF AMUSEMENT FOR
PURPOSES OF COMPLIANCE WITH ANY ESTABLISHED STATE, FEDERAL, OR AMUSEMENT
INDUSTRY SAFETY STANDARD.
(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, gender identity or expression, military status, age, sex,
HEIGHT, WEIGHT, marital status, lawful source of income 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, gender
identity or expression, military status, age, sex, HEIGHT, WEIGHT, mari-
tal status, lawful source of income 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, gender identity or expression, membership in the reserve armed
forces of the United States or in the organized militia of the state,
age, sex, HEIGHT, WEIGHT, marital status, lawful source of income or
familial status of a person seeking to rent or lease any publicly-as-
sisted 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, gender identity or expression, military status, sex, HEIGHT,
WEIGHT, age, disability, marital status, lawful source of income or
familial status, or any intent to make any such limitation, specifica-
tion or discrimination.
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,
gender identity or expression, military status, sex, HEIGHT, WEIGHT,
disability, marital status, or familial status of the owners or occu-
pants 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 consequences in the block, neighborhood or
area in which the real property is located, including but not limited to
S. 8153--A 5
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 educational
institution to deny the use of its facilities to any person otherwise
qualified, or to permit the harassment of any student or applicant, by
reason of his race, color, religion, disability, national origin, sexual
orientation, gender identity or expression, military status, sex,
HEIGHT, WEIGHT, 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.
(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, gender
identity or expression, military status, sex, HEIGHT, WEIGHT, age, disa-
bility, marital status, lawful source of income 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.
(2) To discriminate against any person because of race, creed, color,
national origin, sexual orientation, gender identity or expression,
military status, sex, HEIGHT, WEIGHT, age, disability, marital status,
lawful source of income or familial status in the terms, conditions or
privileges of the sale, rental or lease of any such housing accommo-
dation 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, gender identity or expression, military status, sex, HEIGHT,
WEIGHT, age, disability, marital status, lawful source of income or
familial status, or any intent to make any such limitation, specifica-
tion or discrimination.
(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, gender
identity or expression, military status, sex, HEIGHT, WEIGHT, age, disa-
bility, 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;
(2) To discriminate against any person because of race, creed, color,
national origin, sexual orientation, gender identity or expression,
military status, sex, HEIGHT, WEIGHT, 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 furnish-
ing 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-
S. 8153--A 6
tation, gender identity or expression, military status, sex, HEIGHT,
WEIGHT, age, disability, marital status, or familial status; or any
intent to make any such limitation, specification or discrimination.
(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, gender
identity or expression, military status, sex, HEIGHT, WEIGHT, age, disa-
bility, marital status, lawful source of income or familial 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 with-
hold any housing accommodation, land or commercial space or any facili-
ties 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, gender identity or expression, military
status, sex, HEIGHT, WEIGHT, age, disability, marital status, lawful
source of income 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, gender identity or
expression, military status, sex, HEIGHT, WEIGHT, age, disability, mari-
tal status, lawful source of income or familial status; or any intent to
make any such limitation, specification or discrimination.
(d) It shall be an unlawful discriminatory practice for any real
estate board, because of the race, creed, color, national origin, sexual
orientation, gender identity or expression, military status, age, sex,
HEIGHT, WEIGHT, disability, marital status, lawful source of income or
familial status of any individual who is otherwise qualified for member-
ship, to exclude or expel such individual from membership, or to
discriminate against such individual in the terms, conditions and privi-
leges of membership in such board.
(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, gender identity or expression,
military status, sex, HEIGHT, WEIGHT, marital status, or familial
status, of such individual.
13. It shall be an unlawful discriminatory practice (i) for any person
to boycott or blacklist, or to refuse to buy from, sell to or trade
with, or otherwise discriminate against any person, because of the race,
creed, color, national origin, sexual orientation, gender identity or
expression, military status, sex, HEIGHT, WEIGHT, disability, or fami-
lial status, of such person, or of such person's partners, members,
S. 8153--A 7
stockholders, directors, officers, managers, superintendents, agents,
employees, business 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:
§ 2. Subdivisions 1, 2 and 3 of section 296-a of the executive law, as
amended by chapter 8 of the laws of 2019, are amended to read as
follows:
1. It shall be an unlawful discriminatory practice for any creditor or
any officer, agent or employee thereof:
a. In the case of applications for credit with respect to the
purchase, acquisition, construction, rehabilitation, repair or mainte-
nance of any housing accommodation, land or commercial space to discrim-
inate against any such applicant because of the race, creed, color,
national origin, sexual orientation, gender identity or expression,
military status, age, sex, HEIGHT, WEIGHT, marital status, disability,
or familial status of such applicant or applicants or any member, stock-
holder, director, officer or employee of such applicant or applicants,
or of the prospective occupants or tenants of such housing accommo-
dation, land or commercial space, in the granting, withholding, extend-
ing or renewing, or in the fixing of the rates, terms or conditions of,
any such credit;
b. To discriminate in the granting, withholding, extending or renew-
ing, or in the fixing of the rates, terms or conditions of, any form of
credit, on the basis of race, creed, color, national origin, sexual
orientation, gender identity or expression, military status, age, sex,
HEIGHT, WEIGHT, marital status, disability, or familial status;
c. To use any form of application for credit or use or make any record
or inquiry which expresses, directly or indirectly, any limitation,
specification, or discrimination as to race, creed, color, national
origin, sexual orientation, gender identity or expression, military
status, age, sex, HEIGHT, WEIGHT, marital status, disability, or fami-
lial status;
d. To make any inquiry of an applicant concerning his or her capacity
to reproduce, or his or her use or advocacy of any form of birth control
or family planning;
e. To refuse to consider sources of an applicant's income or to
subject an applicant's income to discounting, in whole or in part,
because of an applicant's race, creed, color, national origin, sexual
orientation, gender identity or expression, military status, age, sex,
HEIGHT, WEIGHT, marital status, childbearing potential, disability, or
familial status;
f. To discriminate against a married person because such person
neither uses nor is known by the surname of his or her spouse.
This paragraph shall not apply to any situation where the use of a
surname would constitute or result in a criminal act.
2. Without limiting the generality of subdivision one of this section,
it shall be considered discriminatory if, because of an applicant's or
class of applicants' race, creed, color, national origin, sexual orien-
tation, gender identity or expression, military status, age, sex,
HEIGHT, WEIGHT, marital status or disability, or familial status, (i) an
applicant or class of applicants is denied credit in circumstances where
other applicants of like overall credit worthiness are granted credit,
or (ii) special requirements or conditions, such as requiring co-obli-
gors or reapplication upon marriage, are imposed upon an applicant or
class of applicants in circumstances where similar requirements or
S. 8153--A 8
conditions are not imposed upon other applicants of like overall credit
worthiness.
3. It shall not be considered discriminatory if credit differen-
tiations or decisions are based upon factually supportable, objective
differences in applicants' overall credit worthiness, which may include
reference to such factors as current income, assets and prior credit
history of such applicants, as well as reference to any other relevant
factually supportable data; provided, however, that no creditor shall
consider, in evaluating the credit worthiness of an applicant, aggregate
statistics or assumptions relating to race, creed, color, national
origin, sexual orientation, gender identity or expression, military
status, sex, HEIGHT, WEIGHT, marital status or disability, or to the
likelihood of any group of persons bearing or rearing children, or for
that reason receiving diminished or interrupted income in the future.
§ 3. Paragraphs a, b and c of subdivision 2 and paragraph b of subdi-
vision 3 of section 296-c of the executive law, as added by chapter 97
of the laws of 2014, are amended to read as follows:
a. refuse to hire or employ or to bar or to discharge from internship
an intern or to discriminate against such intern in terms, conditions or
privileges of employment as an intern because of the intern's age, race,
creed, color, national origin, sexual orientation, military status, sex,
HEIGHT, WEIGHT, disability, predisposing genetic characteristics, mari-
tal status, or domestic violence victim status;
b. discriminate against an intern in receiving, classifying, disposing
or otherwise acting upon applications for internships because of the
intern's age, race, creed, color, national origin, sexual orientation,
military status, sex, HEIGHT, WEIGHT, disability, predisposing genetic
characteristics, marital status, or domestic violence victim status;
c. print or circulate or cause to be printed or circulated any state-
ment, advertisement or publication, or to use any form of application
for employment as an intern 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, sex,
HEIGHT, WEIGHT, disability, predisposing genetic characteristics, mari-
tal status or domestic violence victim status, or any intent to make any
such limitation, specification or discrimination, unless based upon a
bona fide occupational qualification; provided, however, that neither
this paragraph nor any provision of this chapter or other law shall be
construed to prohibit the department of civil service or the department
of personnel of any city containing more than one county from requesting
information from applicants for civil service internships or examina-
tions concerning any of the aforementioned characteristics, other than
sexual orientation, for the purpose of conducting studies to identify
and resolve possible problems 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, sex, HEIGHT, WEIGHT, disability, predisposing genetic character-
istics, marital status or domestic violence victim status;
b. subject an intern to unwelcome harassment based on age, sex,
HEIGHT, WEIGHT, race, creed, color, sexual orientation, military status,
disability, predisposing genetic characteristics, marital status, domes-
tic violence victim status, or national origin, where such harassment
has the purpose or effect of unreasonably interfering with the intern's
S. 8153--A 9
work performance by creating an intimidating, hostile, or offensive
working environment.
§ 4. This act shall not annul, alter, affect or exempt any employer
subject to the provisions of this act from complying with the laws,
ordinances, rules or regulations of any locality, except to the extent
that such laws, ordinances, rules or regulations are inconsistent with
any provision of this act, but no such law, ordinance, rule or regu-
lation shall be considered inconsistent if it affords equal or greater
protection to the employee.
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.
