S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7355
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 18, 2023
                                ___________
 
 Introduced  by  M. of A. SIMONE, McDONALD -- (at request of the Division
   of Human Rights) -- read once and referred to the Committee on Govern-
   mental Operations
 
 AN ACT to amend the executive law, in relation to adding gender identity
   or expression as a protected class of the human rights law

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs a, b, and c of subdivision 2 of section 296-c of
 the  executive law, as separately amended by chapters 202 and 748 of the
 laws of 2022, 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, citizenship or immigration status, sexual
 orientation,  GENDER IDENTITY OR EXPRESSION, military status, sex, disa-
 bility, predisposing genetic characteristics, marital status, or  status
 as a victim of domestic violence;
   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, citizenship or  immi-
 gration status, sexual orientation, GENDER IDENTITY OR EXPRESSION, mili-
 tary  status,  sex,  disability,  predisposing  genetic characteristics,
 marital status, or status as a victim of domestic violence;
   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, citizenship or immigration status, sexual orien-
 tation, GENDER IDENTITY OR EXPRESSION, military status, sex, disability,
 predisposing  genetic  characteristics,  marital  status  or status as a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05887-01-3
              

 A. 7355                             2
 
 victim of domestic violence, or any intent to make any such  limitation,
 specification  or  discrimination, unless based upon a bona fide occupa-
 tional qualification; provided, however, that neither this paragraph nor
 any provision of this chapter or other law shall be construed to prohib-
 it 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  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, citizenship or immigration status, sexual orien-
 tation, military status, sex, disability, predisposing  genetic  charac-
 teristics, marital status or status as a victim of domestic violence;
   §  2.  Paragraph  b of subdivision 3 of section 296-c of the executive
 law, as separately amended by chapters 202 and 748 of the laws of  2022,
 is amended to read as follows:
   b.  subject an intern to unwelcome harassment based on age, sex, race,
 creed, color, sexual orientation, GENDER IDENTITY OR  EXPRESSION,  mili-
 tary  status,  disability, predisposing genetic characteristics, marital
 status, status as a victim of domestic  violence,  national  origin,  or
 citizenship  or  immigration  status,  or  where such harassment has the
 purpose or effect of unreasonably interfering  with  the  intern's  work
 performance  by  creating an intimidating, hostile, or offensive working
 environment.
   § 3. This act shall take effect immediately.