§ 292. Definitions. When used in this article:

1. The term "person" includes one or more individuals, partnerships,
associations, corporations, legal representatives, trustees, trustees in
bankruptcy, or receivers.

2. The term "employment agency" includes any person undertaking to
procure employees or opportunities to work.

3. The term "labor organization" includes any organization which
exists and is constituted for the purpose, in whole or in part, of
collective bargaining or of dealing with employers concerning
grievances, terms or conditions of employment, or of other mutual aid or
protection in connection with employment.

4. The term "unlawful discriminatory practice" includes only those
practices specified in sections two hundred ninety-six, two hundred
ninety-six-a, two hundred ninety-six-c and two hundred ninety-six-d of
this article.

5. The term "employer" shall include all employers within the state.
For the purposes of this article, (a) the state of New York shall be
considered an employer of any employee or official, including any
elected official, of the New York state executive, legislature, or
judiciary, including persons serving in any judicial capacity, and
persons serving on the staff of any elected official in New York state,

(b) a city, county, town, village or other political subdivision of
the state of New York shall be considered an employer of any employee or
official, including any elected official, of such locality's executive,
legislature or judiciary, including persons serving in any local
judicial capacity, and persons serving on the staff of any local elected
official.

6. The term "employee" in this article does not include any individual
employed by his or her parents, spouse, or child.

7. The term "commissioner", unless a different meaning clearly appears
from the context, means the state commissioner of human rights; and the
term "division" means the state division of human rights created by this
article.

8. The term "national origin" shall, for the purposes of this article,
include "ancestry."

9. The term "place of public accommodation, resort or amusement" shall
include, regardless of whether the owner or operator of such place is a
state or local government entity or a private individual or entity,
except as hereinafter specified, all places included in the meaning of
such terms as: inns, taverns, road houses, hotels, motels, whether
conducted for the entertainment of transient guests or for the
accommodation of those seeking health, recreation or rest, or
restaurants, or eating houses, or any place where food is sold for
consumption on the premises; buffets, saloons, barrooms, or any store,
park or enclosure where spirituous or malt liquors are sold; ice cream
parlors, confectionaries, soda fountains, and all stores where ice
cream, ice and fruit preparations or their derivatives, or where
beverages of any kind are retailed for consumption on the premises;
wholesale and retail stores and establishments dealing with goods or
services of any kind, dispensaries, clinics, hospitals, bath-houses,
swimming pools, laundries and all other cleaning establishments, barber
shops, beauty parlors, theatres, motion picture houses, airdromes, roof
gardens, music halls, race courses, skating rinks, amusement and
recreation parks, trailer camps, resort camps, fairs, bowling alleys,
golf courses, gymnasiums, shooting galleries, billiard and pool parlors;
garages, all public conveyances operated on land or water or in the air,
as well as the stations and terminals thereof; travel or tour advisory
services, agencies or bureaus; public halls, public rooms, public
elevators, and any public areas of any building or structure. Such term
shall not include kindergartens, primary and secondary schools, high
schools, academies, colleges and universities, extension courses, and
all educational institutions under the supervision of the regents of the
state of New York; any such kindergarten, primary and secondary school,
academy, college, university, professional school, extension course or
other education facility, supported in whole or in part by public funds
or by contributions solicited from the general public; or any
institution, club or place of accommodation which proves that it is in
its nature distinctly private. In no event shall an institution, club or
place of accommodation be considered in its nature distinctly private if
it has more than one hundred members, provides regular meal service and
regularly receives payment for dues, fees, use of space, facilities,
services, meals or beverages directly or indirectly from or on behalf of
a nonmember for the furtherance of trade or business. An institution,
club, or place of accommodation which is not deemed distinctly private
pursuant to this subdivision may nevertheless apply such selective
criteria as it chooses in the use of its facilities, in evaluating
applicants for membership and in the conduct of its activities, so long
as such selective criteria do not constitute discriminatory practices
under this article or any other provision of law. For the purposes of
this section, a corporation incorporated under the benevolent orders law
or described in the benevolent orders law but formed under any other law
of this state or a religious corporation incorporated under the
education law or the religious corporations law shall be deemed to be in
its nature distinctly private.

No institution, club, organization or place of accommodation which
sponsors or conducts any amateur athletic contest or sparring exhibition
and advertises or bills such contest or exhibition as a New York state
championship contest or uses the words "New York state" in its
announcements shall be deemed a private exhibition within the meaning of
this section.

10. The term "housing accommodation" includes any building, structure,
or portion thereof which is used or occupied or is intended, arranged or
designed to be used or occupied, as the home, residence or sleeping
place of one or more human beings.

11. The term "publicly-assisted housing accommodations" shall include
all housing accommodations within the state of New York in

(a) public housing,

(b) housing operated by housing companies under the supervision of the
commissioner of housing,

(c) housing constructed after July first, nineteen hundred fifty,
within the state of New York

(1) which is exempt in whole or in part from taxes levied by the state
or any of its political subdivisions,

(2) which is constructed on land sold below cost by the state or any
of its political subdivisions or any agency thereof, pursuant to the
federal housing act of nineteen hundred forty-nine,

(3) which is constructed in whole or in part on property acquired or
assembled by the state or any of its political subdivisions or any
agency thereof through the power of condemnation or otherwise for the
purpose of such construction, or

(4) for the acquisition, construction, repair or maintenance of which
the state or any of its political subdivisions or any agency thereof
supplies funds or other financial assistance,

(d) housing which is located in a multiple dwelling, the acquisition,
construction, rehabilitation, repair or maintenance of which is, after
July first, nineteen hundred fifty-five, financed in whole or in part by
a loan, whether or not secured by a mortgage, the repayment of which is
guaranteed or insured by the federal government or any agency thereof,
or the state or any of its political subdivisions or any agency thereof,
provided that such a housing accommodation shall be deemed to be
publicly assisted only during the life of such loan and such guaranty or
insurance; and

(e) housing which is offered for sale by a person who owns or
otherwise controls the sale of ten or more housing accommodations
located on land that is contiguous (exclusive of public streets), if (1)
the acquisition, construction, rehabilitation, repair or maintenance of
such housing accommodations is, after July first, nineteen hundred
fifty-five, financed in whole or in part by a loan, whether or not
secured by a mortgage, the repayment of which is guaranteed or insured
by the federal government or any agency thereof, or the state or any of
its political subdivisions or any agency thereof, provided that such a
housing accommodation shall be deemed to be publicly assisted only
during the life of such loan and guaranty or insurance, or (2) a
commitment, issued by a government agency after July first, nineteen
hundred fifty-five, is outstanding that acquisition of such housing
accommodations may be financed in whole or in part by a loan, whether or
not secured by a mortgage, the repayment of which is guaranteed or
insured by the federal government or any agency thereof, or the state or
any of its political subdivisions or any agency thereof.

12. The term "multiple dwelling", as herein used, means a dwelling
which is occupied, as a rule, for permanent residence purposes and which
is either sold, rented, leased, let or hired out, to be occupied as the
residence or home of three or more families living independently of each
other. A "multiple dwelling" shall not be deemed to include a hospital,
convent, monastery, asylum or public institution, or a fireproof
building used wholly for commercial purposes except for not more than
one janitor's apartment and not more than one penthouse occupied by not
more than two families. The term "family," as used herein, means either
a person occupying a dwelling and maintaining a household, with not more
than four boarders, roomers or lodgers, or two or more persons occupying
a dwelling, living together and maintaining a common household, with not
more than four boarders, roomers or lodgers. A "boarder," "roomer" or
"lodger" residing with a family means a person living within the
household who pays a consideration for such residence and does not
occupy such space within the household as an incident of employment
therein. Within the context of this definition, the terms "multiple
dwelling" and "multi-family dwelling" are interchangeable.

13. The term "commercial space" means any space in a building,
structure, or portion thereof which is used or occupied or is intended,
arranged or designed to be used or occupied for the manufacture, sale,
resale, processing, reprocessing, displaying, storing, handling,
garaging or distribution of personal property; and any space which is
used or occupied, or is intended, arranged or designed to be used or
occupied as a separate business or professional unit or office in any
building, structure or portion thereof.

14. The term "real estate broker" means any person, firm or
corporation who, for another and for a fee, commission or other valuable
consideration, lists for sale, sells, at auction or otherwise,
exchanges, buys or rents, or offers or attempts to negotiate a sale, at
auction or otherwise, exchange, purchase or rental of an estate or
interest in real estate, or collects or offers or attempts to collect
rent for the use of real estate, or negotiates, or offers or attempts to
negotiate, a loan secured or to be secured by a mortgage or other
incumbrance upon or transfer of real estate. In the sale of lots
pursuant to the provisions of article nine-a of the real property law,
the term "real estate broker" shall also include any person,
partnership, association or corporation employed by or on behalf of the
owner or owners of lots or other parcels of real estate, at a stated
salary, or upon a commission, or upon a salary and commission, or
otherwise, to sell such real estate, or any parts thereof, in lots or
other parcels, and who shall sell or exchange, or offer or attempt or
agree to negotiate the sale or exchange, of any such lot or parcel of
real estate.

15. The term "real estate salesperson" means a person employed by a
licensed real estate broker to list for sale, sell or offer for sale, at
auction or otherwise, to buy or offer to buy or to negotiate the
purchase or sale or exchange of real estate, or to negotiate a loan on
real estate, or to lease or rent or offer to lease, rent or place for
rent any real estate, or who collects or offers or attempts to collect
rent for the use of real estate for or in behalf of such real estate
broker.

16. The term "necessary party" means any person who has such an
interest in the subject matter of a proceeding under this article, or
whose rights are so involved, that no complete and effective disposition
can be made without his or her participation in the proceeding.

17. The term "parties to the proceeding" means the complainant,
respondent, necessary parties and persons permitted to intervene as
parties in a proceeding with respect to a complaint filed under this
article.

18. The term "hearing examiner" means an employee of the division who
shall be assigned for stated periods to no other work than the conduct
of hearings under this article;

19. The term "discrimination" shall include segregation and
separation.

20. The term "credit", when used in this article means the right
conferred upon a person by a creditor to incur debt and defer its
payment, whether or not any interest or finance charge is made for the
exercise of this right.

21. The term "disability" means (a) a physical, mental or medical
impairment resulting from anatomical, physiological, genetic or
neurological conditions which prevents the exercise of a normal bodily
function or is demonstrable by medically accepted clinical or laboratory
diagnostic techniques or (b) a record of such an impairment or (c) a
condition regarded by others as such an impairment, provided, however,
that in all provisions of this article dealing with employment, the term
shall be limited to disabilities which, upon the provision of reasonable
accommodations, do not prevent the complainant from performing in a
reasonable manner the activities involved in the job or occupation
sought or held.

21-a. "Predisposing genetic characteristic" shall mean any inherited
gene or chromosome, or alteration thereof, and determined by a genetic
test or inferred from information derived from an individual or family
member that is scientifically or medically believed to predispose an
individual or the offspring of that individual to a disease or
disability, or to be associated with a statistically significant
increased risk of development of a physical or mental disease or
disability.

21-b. "Genetic test" shall mean a test for determining the presence or
absence of an inherited genetic characteristic in an individual,
including tests of nucleic acids such as DNA, RNA and mitochondrial DNA,
chromosomes or proteins in order to identify a predisposing genetic
characteristic.

21-e. The term "reasonable accommodation" means actions taken which
permit an employee, prospective employee or member with a disability, or
a pregnancy-related condition, to perform in a reasonable manner the
activities involved in the job or occupation sought or held and include,
but are not limited to, provision of an accessible worksite, acquisition
or modification of equipment, support services for persons with impaired
hearing or vision, job restructuring and modified work schedules;
provided, however, that such actions do not impose an undue hardship on
the business, program or enterprise of the entity from which action is
requested.

21-f. The term "pregnancy-related condition" means a medical condition
related to pregnancy or childbirth that inhibits the exercise of a
normal bodily function or is demonstrable by medically accepted clinical
or laboratory diagnostic techniques, including but not limited to
lactation; provided, however, that in all provisions of this article
dealing with employment, the term shall be limited to conditions which,
upon the provision of reasonable accommodations, do not prevent the
complainant from performing in a reasonable manner the activities
involved in the job or occupation sought or held; and provided further,
however, that pregnancy-related conditions shall be treated as temporary
disabilities for the purposes of this article.

22. The term "creditor", when used in this article, means any person
or financial institution which does business in this state and which
extends credit or arranges for the extension of credit by others. The
term creditor includes, but is not limited to, banks and trust
companies, private bankers, foreign banking corporations and national
banks, savings banks, licensed lenders, savings and loan associations,
credit unions, sales finance companies, insurance premium finance
agencies, insurers, credit card issuers, mortgage brokers, mortgage
companies, mortgage insurance corporations, wholesale and retail
merchants and factors.

23. The term "credit reporting bureau", when used in this article,
means any person doing business in this state who regularly makes credit
reports, as such term is defined by subdivision e of section three
hundred seventy-one of the general business law.

24. The term "regulated creditor", when used in this article, means
any creditor, as herein defined, which has received its charter,
license, or organization certificate, as the case may be, from the
department of financial services or which is otherwise subject to the
supervision of the department of financial services.

25. The term "superintendent", when used in this article, means the
head of the department of financial services appointed pursuant to
section two hundred two of the financial services law.

26. The term "familial status", when used in this article, means:

(a) any person who is pregnant or has a child or is in the process of
securing legal custody of any individual who has not attained the age of
eighteen years, or

(b) one or more individuals (who have not attained the age of eighteen
years) being domiciled with:

(1) a parent or another person having legal custody of such individual
or individuals, or

(2) the designee of such parent.

27. The term "sexual orientation" means heterosexuality,
homosexuality, bisexuality or asexuality, whether actual or perceived.

28. The term "military status" when used in this article means a
person's participation in the military service of the United States or
the military service of the state, including but not limited to, the
armed forces of the United States, the army national guard, the air
national guard, the New York naval militia, the New York guard, and such
additional forces as may be created by the federal or state government
as authorized by law.

29. The term "reserve armed forces", when used in this article, means
service other than permanent, full-time service in the military forces
of the United States including but not limited to service in the United
States Army Reserve, the United States Naval Reserve, the United States
Marine Corps Reserve, the United States Air Force Reserve, or the United
States Coast Guard Reserve.

30. The term "organized militia of the state", when used in this
article, means service other than permanent, full-time service in the
military forces of the state of New York including but not limited to
the New York army national guard, the New York air national guard, the
New York naval militia and the New York guard.

34. The term "victim of domestic violence" shall have the same meaning
as is ascribed to such term by section four hundred fifty-nine-a of the
social services law.

35. The term "gender identity or expression" means a person's actual
or perceived gender-related identity, appearance, behavior, expression,
or other gender-related characteristic regardless of the sex assigned to
that person at birth, including, but not limited to, the status of being
transgender.

36. The term "lawful source of income" shall include, but not be
limited to, child support, alimony, foster care subsidies, income
derived from social security, or any form of federal, state, or local
public assistance or housing assistance including, but not limited to,
section 8 vouchers, or any other form of housing assistance payment or
credit whether or not such income or credit is paid or attributed
directly to a landlord, and any other forms of lawful income. The
provisions of this subdivision shall not be construed to prohibit the
use of criteria or qualifications of eligibility for the sale, rental,
leasing or occupancy of publicly-assisted housing accommodations where
such criteria or qualifications are required to comply with federal or
state law, or are necessary to obtain the benefits of a federal or state
program. A publicly assisted housing accommodation may include
eligibility criteria in statements, advertisements, publications or
applications, and may make inquiry or request information to the extent
necessary to determine eligibility.

37. The term "race" shall, for the purposes of this article include
traits historically associated with race, including but not limited to,
hair texture and protective hairstyles.

38. The term "private employer" as used in section two hundred
ninety-seven of this article shall include any person, company,
corporation, labor organization or association. It shall not include the
state or any local subdivision thereof, or any state or local
department, agency, board or commission.

39. The term "protective hairstyles" shall include, but not be limited
to, such hairstyles as braids, locks, and twists.

40. The term "educational institution" shall mean:

(a) any education corporation or association which holds itself out to
the public to be non-sectarian and exempt from taxation pursuant to the
provisions of article four of the real property tax law; or

(b) any for-profit entity that operates a college, university,
licensed private career school or certified English as a second language
school which holds itself out to the public to be non-sectarian and
which is not exempt from taxation pursuant to the provisions of article
four of the real property tax law; or

(c) any public school, including any school district, board of
cooperative educational services, public college or public university.

41. The term "citizenship or immigration status" means the citizenship
of any person or the immigration status of any person who is not a
citizen of the United States. Nothing in this article shall preclude
verification of citizenship or immigration status where required by law,
nor shall an adverse action based on verification of citizenship or
immigration status be prohibited where such adverse action is required
by law.