LBD16012-02-2
S. 9453 2
and of section eleven of article one of the constitution of this state,
and the division may empower them to study the problems of discrimi-
nation in all or specific fields of human relationships or in specific
instances of discrimination because of age, race, creed, color, national
origin, sexual orientation, gender identity or expression, military
status, sex, PREGNANCY OUTCOME, disability or marital status and make
recommendations to the division for the development of policies and
procedures in general and in specific instances. The advisory councils
also shall disseminate information about the division's activities to
organizations and individuals in their localities. Such advisory coun-
cils shall be composed of representative citizens, serving without pay,
but with reimbursement for actual and necessary traveling expenses; and
the division may make provision for technical and clerical assistance to
such councils and for the expenses of such assistance.
9. To develop human rights plans and policies for the state and assist
in their execution and to make investigations and studies appropriate to
effectuate this article and to issue such publications and such results
of investigations and research as in its judgement will tend to inform
persons of the rights assured and remedies provided under this article,
to promote good-will and minimize or eliminate discrimination because of
age, race, creed, color, national origin, sexual orientation, gender
identity or expression, military status, sex, PREGNANCY OUTCOME, disa-
bility or marital status.
§ 4. Paragraphs (a), (b), (c), (d) and (h) of subdivision 1 of section
296 of the executive law, as amended by chapter 202 of the laws of 2022,
are amended to read as follows:
(a) For an employer or licensing agency, because of an individual's
age, race, creed, color, national origin, sexual orientation, gender
identity or expression, military status, sex, PREGNANCY OUTCOME, disa-
bility, 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, PREGNANCY OUTCOME,
disability, predisposing genetic characteristics, familial status, mari-
tal status, or status as a victim of domestic violence, 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, PREGNANCY OUTCOME, disability, predisposing genet-
ic characteristics, familial status, marital status, or status as a
victim 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,
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gender identity or expression, military status, sex, PREGNANCY OUTCOME,
disability, predisposing genetic characteristics, familial status, mari-
tal status, or status as a victim 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 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 or gender iden-
tity or expression, military status, sex, PREGNANCY OUTCOME, disability,
predisposing genetic characteristics, 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, PREGNANCY OUTCOME,
disability, predisposing genetic characteristics, familial status, mari-
tal status, status as a victim of domestic violence, 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-
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.
§ 5. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of
the executive law, as amended by chapter 202 of the laws of 2022, are
amended to read as follows:
(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, PREGNANCY OUTCOME, age, disability,
familial status, marital status, or status as a victim 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,
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national origin, sexual orientation, gender identity or expression,
military status, sex, PREGNANCY OUTCOME, age, disability, familial
status, marital status, or status as a victim 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,
PREGNANCY OUTCOME, age, disability, familial status, marital status, or
status as a victim of domestic violence, or any intention to make any
such limitation, specification or discrimination, unless based on a bona
fide occupational qualification.
§ 6. Paragraph (a) of subdivision 2 of section 296 of the executive
law, as amended by chapter 202 of the laws of 2022, 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, PREGNANCY OUTCOME,
disability, marital status, or status as a victim 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
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, PREGNANCY OUTCOME,
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, PREGNANCY OUTCOME or marital status, or having a
disability is unwelcome, objectionable or not acceptable, desired or
solicited.
§ 7. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
296 of the executive law, as amended by chapter 202 of the laws of 2022,
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,
PREGNANCY OUTCOME, marital status, status as a victim 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, PREGNANCY OUTCOME,
marital status, status as a victim 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
facilities or services in connection therewith.
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(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, PREGNANCY OUTCOME, marital status, status as a victim of
domestic violence, lawful source of income or familial status of a
person seeking to rent or lease any publicly-assisted housing accommo-
dation; 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, PREGNANCY
OUTCOME, age, disability, marital status, status as a victim of domestic
violence, lawful source of income or familial status, or any intent to
make any such limitation, specification or discrimination.
§ 8. Subdivisions 3-b, 4 and 13 of section 296 of the executive law,
as amended by chapter 202 of the laws of 2022, are amended to read as
follows:
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, PREGNANCY OUTCOME,
disability, marital status, status as a victim 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 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 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, PREG-
NANCY OUTCOME, age, marital status, or status as a victim 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.
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, PREGNANCY OUTCOME, status as a victim
of domestic violence, disability, or familial status, or of such person,
S. 9453 6
or of such person's partners, members, stockholders, directors, offi-
cers, 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.
§ 9. Subparagraphs 1, 2 and 3 of paragraph (a) of subdivision 5 of
section 296 of the executive law, as amended by chapter 202 of the laws
of 2022, are amended to read as follows:
(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, PREGNANCY OUTCOME, age,
disability, marital status, status as a victim 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, PREGNANCY OUTCOME, age, disability, marital
status, status as a victim 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-
tation, gender identity or expression, military status, sex, PREGNANCY
OUTCOME, age, disability, marital status, status as a victim of domestic
violence, lawful source of income or familial status, or any intent to
make any such limitation, specification or discrimination.
§ 10. Subparagraphs 1, 2 and 3 of paragraph (b) of subdivision 5 of
section 296 of the executive law, as amended by chapter 202 of the laws
of 2022, are amended to read as follows:
(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, PREGNANCY OUTCOME, age,
disability, marital status, status as a victim 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, PREGNANCY OUTCOME, age, disability, marital
status, status as a victim of domestic violence, 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-
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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, PREGNANCY
OUTCOME, age, disability, marital status, status as a victim of domestic
violence, or familial status; or any intent to make any such limitation,
specification or discrimination.
§ 11. Subparagraphs 1 and 2 of paragraph (c) and paragraph (d) of
subdivision 5 of section 296 of the executive law, as amended by chapter
202 of the laws of 2022, are amended to read as follows:
(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, PREGNANCY OUTCOME, age,
disability, marital status, status as a victim 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, PREGNANCY OUTCOME,
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, PREGNANCY OUTCOME, age, disability,
marital status, status as a victim of domestic violence, 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,
PREGNANCY OUTCOME, disability, marital status, status as a victim 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.
§ 12. Paragraph (a) of subdivision 9 of section 296 of the executive
law, as amended by chapter 202 of the laws of 2022, 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
S. 9453 8
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, PREGNANCY OUTCOME, marital status, status as a
victim of domestic violence, or familial status, of such individual.
§ 13. Paragraphs a, b, c and e of subdivision 1 of section 296-a of
the executive law, as amended by chapter 202 of the laws of 2022, are
amended to read as follows:
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, PREGNANCY OUTCOME, marital status, status as
a victim of domestic violence, disability, or familial status of such
applicant 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,
PREGNANCY OUTCOME, marital status, status as a victim 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, PREGNANCY OUTCOME, marital status, status as a victim
of domestic violence, disability, or familial status;
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,
PREGNANCY OUTCOME, marital status, status as a victim of domestic
violence, childbearing potential, disability, or familial status;
§ 14. Subdivisions 2 and 3 of section 296-a of the executive law, as
amended by chapter 202 of the laws of 2022, are amended to read as
follows:
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, PREG-
NANCY OUTCOME, marital status, status as a victim 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
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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, PREGNANCY OUTCOME, marital status, status as a victim of
domestic violence or disability, or to the likelihood of any group of
persons bearing or rearing children, or for that reason receiving dimin-
ished or interrupted income in the future.
§ 15. Subdivision 2 of section 40-c of the civil rights law, as
amended by chapter 8 of the laws of 2019, is amended to read as follows:
2. No person shall, because of race, creed, color, national origin,
sex, PREGNANCY OUTCOME, marital status, sexual orientation, gender iden-
tity or expression, or disability, as such term is defined in section
two hundred ninety-two of the executive law, be subjected to any
discrimination in his or her civil rights, or to any harassment, as
defined in section 240.25 of the penal law, in the exercise thereof, by
any other person or by any firm, corporation or institution, or by the
state or any agency or subdivision of the state.
§ 16. This act shall take effect immediately.
