LBD14828-05-2
S. 8417--A 2
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, disability, predisposing genetic characteristics,
familial status, [or] marital status, OR STATUS AS A VICTIM OR SURVIVOR
OF DOMESTIC VIOLENCE, 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, disability, predis-
posing genetic characteristics, familial status, [or] marital status, OR
STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC VIOLENCE, 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 examinations
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] ENSURE the fairest possible and equal oppor-
tunities 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, disability, predis-
posing genetic characteristics, familial status, 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.
(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.
(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, disability, predis-
posing genetic characteristics, familial status, marital status, STATUS
AS A VICTIM OR SURVIVOR OF 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 proceeding 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 prac-
S. 8417--A 3
tice when it subjects an individual to inferior terms, conditions or
privileges of employment because of the individual's membership in one
or more of 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 determina-
tive 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.
§ 3. Subdivision 1-a of section 296 of the executive law, as amended
by chapter 365 of the laws of 2015, paragraphs (b), (c) and (d) as
amended by chapter 8 of the laws of 2019, is amended to read as follows:
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, gender identity or
expression, military status, sex, age, disability, familial status, [or]
marital status, OR STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC VIOLENCE,
the right to be admitted 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, gender identity or expression,
military status, sex, age, disability, familial status [or], marital
status, OR STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC VIOLENCE;
(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,
age, disability, familial status [or], marital status, OR STATUS AS A
VICTIM OR SURVIVOR OF DOMESTIC VIOLENCE, or any intention to make any
such limitation, specification or discrimination, unless based on a bona
fide occupational qualification.
§ 4. Paragraph (a) of subdivision 2 of section 296 of the executive
law, as amended by chapter 8 of the laws of 2019, is amended to read as
follows:
(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, disability [or],
marital status, OR STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC VIOLENCE,
of any person, directly or indirectly, to refuse, withhold from or deny
to such person any of the accommodations, advantages, facilities or
S. 8417--A 4
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, disability or mari-
tal 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
or marital status, or having a disability is unwelcome, objectionable or
not acceptable, desired or solicited.
§ 5. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
296 of the executive law, as amended by section 3 of part T of chapter
56 of the laws of 2019, are amended to read as follows:
(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,
marital status, STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC VIOLENCE,
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, marital status,
STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC VIOLENCE, lawful source of
income or familial status in the terms, conditions or privileges of any
publicly-assisted housing accommodations or in the furnishing of facili-
ties 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, marital status, STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC
VIOLENCE, lawful source of income 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, gender identity or expression, military status, sex, age, disa-
bility, marital status, STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC
VIOLENCE, lawful source of income or familial status, or any intent to
make any such limitation, specification or discrimination.
§ 6. Subdivisions 3-b and 4 of section 296 of the executive law, as
amended by chapter 8 of the laws of 2019, subdivision 4 as separately
amended by chapter 116 of the laws of 2019, are amended to read as
follows:
S. 8417--A 5
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, disability, marital
status, STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC VIOLENCE, 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 indi-
rectly, 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 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, age
[or], marital status, OR STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC
VIOLENCE, except that any such institution which establishes or main-
tains a policy of educating persons of one sex exclusively may admit
students of only one sex.
§ 7. Subdivision 5 of section 296 of the executive law, as amended by
chapter 8 of the laws of 2019, paragraph (a) as amended by chapter 300
of the laws of 2021, subparagraphs 1 and 2 of paragraph (c) as amended
by section 5 and paragraph (d) as amended by section 6 of part T of
chapter 56 of the laws of 2019, is amended to read as follows:
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, gender
identity or expression, military status, sex, age, disability, marital
status, STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC VIOLENCE, 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, age, disability, marital status, STATUS AS A
VICTIM OR SURVIVOR OF DOMESTIC VIOLENCE, lawful source of income or
familial status in the terms, conditions or privileges of the sale,
rental or lease of any such housing 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-
S. 8417--A 6
tation, gender identity or expression, military status, sex, age, disa-
bility, marital status, STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC
VIOLENCE, lawful source of income or familial status, or any intent to
make any such limitation, specification or discrimination.
(4) (i) The provisions of subparagraphs one and two of this paragraph
shall not apply (1) to the rental of a housing accommodation in a build-
ing which contains housing accommodations 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 deter-
mining 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. However, such rental property shall no longer be exempt from the
provisions of subparagraphs one and two of this paragraph if there is
unlawful discriminatory conduct pursuant to subparagraph three of this
paragraph.
(ii) The provisions of subparagraphs one, two, and three of this para-
graph shall not apply (1) to the restriction of the rental of all rooms
in a housing accommodation to individuals of the same sex, (2) 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 accommo-
dation, or (3) 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 deter-
mining 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.
(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, gender
identity or expression, military status, sex, age, disability, marital
status, STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC VIOLENCE, 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, age, disability, marital status, STATUS AS A
VICTIM OR SURVIVOR OF DOMESTIC VIOLENCE, or familial status in the
S. 8417--A 7
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, gender identity or expression, military status, sex, age, disa-
bility, marital status, STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC
VIOLENCE, 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, gender
identity or expression, military status, sex, age, disability, marital
status, STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC VIOLENCE, 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 withhold any housing accommo-
dation, land or commercial space or any facilities of any housing accom-
modation, 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, 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, age, disability, marital status,
STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC VIOLENCE, lawful source of
S. 8417--A 8
income 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 housing accommodation, 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 hous-
ing accommodation or land to be used for the construction or location of
housing accommodations 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, gender identity or expression, military status, age, sex,
disability, marital status, STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC
VIOLENCE, lawful source of income 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.
§ 8. Paragraph (a) of subdivision 9 of section 296 of the executive
law, as amended by chapter 8 of the laws of 2019, is amended to read as
follows:
(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,
S. 8417--A 9
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, marital status, STATUS AS A VICTIM OR SURVIVOR OF
DOMESTIC VIOLENCE, or familial status, of such individual.
§ 9. Subdivision 13 of section 296 of the executive law, as amended by
chapter 8 of the laws of 2019, is amended to read as follows:
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, STATUS AS A VICTIM OR SURVIVOR OF
DOMESTIC VIOLENCE, disability, or familial status, or of such person, or
of such person's partners, members, 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:
(a) Boycotts connected with labor disputes; or
(b) Boycotts to protest unlawful discriminatory practices.
§ 10. 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, marital status, STATUS AS A VICTIM OR SURVI-
VOR OF DOMESTIC VIOLENCE, disability, or familial status of such appli-
cant or applicants or any member, stockholder, director, officer or
employee of such applicant or applicants, or of the prospective occu-
pants or tenants of such housing accommodation, land or commercial
space, in the granting, withholding, extending 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,
marital status, STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC VIOLENCE,
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, marital status, STATUS AS A VICTIM OR SURVIVOR OF
DOMESTIC VIOLENCE, disability, or familial 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;
S. 8417--A 10
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,
marital status, STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC VIOLENCE,
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, mari-
tal status [or] , STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC VIOLENCE,
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-obligors or reapplication upon
marriage, are imposed upon an applicant or class of applicants in
circumstances where similar requirements or 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, marital status, STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC
VIOLENCE 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.
§ 11. Subdivision 2 of section 296-c of the executive law, as added by
chapter 97 of the laws of 2014, is amended to read as follows:
2. It shall be an unlawful discriminatory practice for an employer to:
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,
disability, predisposing genetic characteristics, marital status, or
STATUS AS A VICTIM OR SURVIVOR OF 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, disability, predisposing genetic characteristics,
marital status, or STATUS AS A VICTIM OR SURVIVOR OF 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, disa-
S. 8417--A 11
bility, predisposing genetic characteristics, marital status or STATUS
AS A VICTIM OR SURVIVOR OF 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 examinations concerning any of the aforementioned charac-
teristics, 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] ENSURE 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, disability, predisposing
genetic characteristics, marital status or STATUS AS A VICTIM OR SURVI-
VOR OF domestic violence [victim status];
d. 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; or
e. to compel an intern who is pregnant to take a leave of absence,
unless the intern is prevented by such pregnancy from performing the
activities involved in the job or occupation in a reasonable manner.
§ 12. Paragraph b of subdivision 3 of section 296-c of the executive
law, as added by chapter 97 of the laws of 2014, is amended to read as
follows:
b. subject an intern to unwelcome harassment based on age, sex, race,
creed, color, sexual orientation, military status, disability, predis-
posing genetic characteristics, marital status, STATUS AS A VICTIM OR
SURVIVOR OF domestic violence [victim status], [or] national origin, OR
where such harassment has the purpose or effect of unreasonably inter-
fering with the intern's work performance by creating an intimidating,
hostile, or offensive working environment.
§ 13. This act shall take effect immediately.
