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A10246 Summary:

BILL NOA10246
 
SAME ASNo Same As
 
SPONSORDinowitz
 
COSPNSRDickens, Rivera, D'Urso, Sepulveda, Vanel, Paulin, Jaffee, Gottfried, Ortiz, Galef, Hyndman, Arroyo, Lawrence, Errigo, Barron, Blake, Davila, Fahy
 
MLTSPNSRCook, De La Rosa, Hikind
 
Amd §§291, 292, 295, 296, 296-a & 296-b, Exec L; amd §40-c, Civ Rts L; amd §313, Ed L
 
Prohibits discrimination based on genetic information; defines "genetic information" as information about an individual's genetic tests or genetic tests of family members of the individual, or the manifestation of a disease or disorder in family members of the individual.
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A10246 Actions:

BILL NOA10246
 
03/26/2018referred to governmental operations
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A10246 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10246
 
                   IN ASSEMBLY
 
                                     March 26, 2018
                                       ___________
 
        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Governmental Operations
 
        AN  ACT  to amend the executive law, the civil rights law and the educa-
          tion law, in relation to prohibiting discrimination based  on  genetic
          information
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivisions 1 and 2 of section 291 of the  executive  law,
     2  as  amended  by  chapter 196 of the laws of 2010, are amended to read as
     3  follows:
     4    1. The opportunity to obtain employment without discrimination because
     5  of age, race, creed, color, national origin, sexual orientation, genetic
     6  information, military status, sex, marital  status,  or  disability,  is
     7  hereby recognized as and declared to be a civil right.
     8    2.  The  opportunity  to obtain education, the use of places of public
     9  accommodation and the ownership, use and occupancy of  housing  accommo-
    10  dations  and  commercial  space  without  discrimination because of age,
    11  race, creed, color, national origin, sexual orientation, genetic  infor-
    12  mation,  military  status, sex, marital status, or disability, as speci-
    13  fied in section two hundred ninety-six of this article, is hereby recog-
    14  nized as and declared to be a civil right.
    15    § 2. Section 292 of the executive law  is  amended  by  adding  a  new
    16  subdivision 35 to read as follows:
    17    35.  (a)  The  term  "genetic  information" means, with respect to any
    18  individual, information about any of the following:
    19    (1) the individual's genetic tests;
    20    (2) the genetic tests of family members of the individual; and
    21    (3) the manifestation of a disease or disorder in  family  members  of
    22  the individual.
    23    (b)  The  term  "genetic  information"  includes  any  request for, or
    24  receipt of, genetic services, or participation in clinical research that
    25  includes genetic services, by an individual or any family member of  the
    26  individual.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15252-01-8

        A. 10246                            2
 
     1    (c) The term "genetic information" shall not include information about
     2  the sex or age of any individual.
     3    §  3.  Subdivisions  8  and  9 of section 295 of the executive law, as
     4  amended by chapter 106 of the laws of  2003,  are  amended  to  read  as
     5  follows:
     6    8. To create such advisory councils, local, regional or state-wide, as
     7  in  its  judgment  will aid in effectuating the purposes of this article
     8  and of section eleven of article one of the constitution of this  state,
     9  and  the  division  may  empower them to study the problems of discrimi-
    10  nation in all or specific fields of human relationships or  in  specific
    11  instances of discrimination because of age, race, creed, color, national
    12  origin,  sexual  orientation, genetic information, military status, sex,
    13  disability or marital status and make recommendations  to  the  division
    14  for the development of policies and procedures in general and in specif-
    15  ic  instances.  The advisory councils also shall disseminate information
    16  about the division's activities  to  organizations  and  individuals  in
    17  their  localities. Such advisory councils shall be composed of represen-
    18  tative citizens, serving without pay, but with reimbursement for  actual
    19  and  necessary  traveling  expenses; and the division may make provision
    20  for technical and clerical assistance  to  such  councils  and  for  the
    21  expenses of such assistance.
    22    9. To develop human rights plans and policies for the state and assist
    23  in their execution and to make investigations and studies appropriate to
    24  effectuate  this article and to issue such publications and such results
    25  of investigations and research as in its judgement will tend  to  inform
    26  persons  of the rights assured and remedies provided under this article,
    27  to promote good-will and minimize or eliminate discrimination because of
    28  age, race, creed, color, national origin,  sexual  orientation,  genetic
    29  information, military status, sex, disability or marital status.
    30    §  4. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section 296
    31  of the executive law, as amended by chapter 365 of the laws of 2015, are
    32  amended to read as follows:
    33    (a) For an employer or licensing agency, because  of  an  individual's
    34  age,  race,  creed,  color, national origin, sexual orientation, genetic
    35  information, military  status,  sex,  disability,  predisposing  genetic
    36  characteristics,  familial  status, marital status, or domestic violence
    37  victim status, to refuse to hire or employ or to  bar  or  to  discharge
    38  from employment such individual or to discriminate against such individ-
    39  ual in compensation or in terms, conditions or privileges of employment.
    40    (b)  For  an  employment agency to discriminate against any individual
    41  because of age, race, creed, color, national origin, sexual orientation,
    42  genetic information,  military  status,  sex,  disability,  predisposing
    43  genetic  characteristics, familial status, or marital status, in receiv-
    44  ing, classifying, disposing or otherwise acting  upon  applications  for
    45  its  services  or in referring an applicant or applicants to an employer
    46  or employers.
    47    (c) For a labor organization, because of the age, race, creed,  color,
    48  national  origin,  sexual  orientation,  genetic  information,  military
    49  status, sex, disability, predisposing genetic characteristics,  familial
    50  status, or marital status of any individual, to exclude or to expel from
    51  its membership such individual or to discriminate in any way against any
    52  of  its members or against any employer or any individual employed by an
    53  employer.
    54    (d) For any employer or employment agency to  print  or  circulate  or
    55  cause to be printed or circulated any statement, advertisement or publi-
    56  cation,  or to use any form of application for employment or to make any

        A. 10246                            3

     1  inquiry in  connection  with  prospective  employment,  which  expresses
     2  directly  or indirectly, any limitation, specification or discrimination
     3  as to age, race, creed,  color,  national  origin,  sexual  orientation,
     4  genetic  information,  military  status,  sex,  disability, predisposing
     5  genetic characteristics, familial status,  or  marital  status,  or  any
     6  intent  to  make  any  such limitation, specification or discrimination,
     7  unless based upon a  bona  fide  occupational  qualification;  provided,
     8  however,  that  neither this paragraph nor any provision of this chapter
     9  or other law shall be construed to  prohibit  the  department  of  civil
    10  service  or the department of personnel of any city containing more than
    11  one county from requesting information from applicants for civil service
    12  examinations concerning any of the aforementioned characteristics, other
    13  than sexual orientation, for the purpose of conducting studies to  iden-
    14  tify and resolve possible problems in recruitment and testing of members
    15  of  minority  groups  to  insure the fairest possible and equal opportu-
    16  nities for employment in the civil service for all  persons,  regardless
    17  of age, race, creed, color, national origin, sexual orientation, genetic
    18  information,  military  status,  sex,  disability,  predisposing genetic
    19  characteristics, familial status, or marital status.
    20    § 5. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296  of
    21  the  executive  law,  as amended by chapter 365 of the laws of 2015, are
    22  amended to read as follows:
    23    (b) To deny to or withhold from any person  because  of  race,  creed,
    24  color,  national  origin, sexual orientation, genetic information, mili-
    25  tary status, sex, age, disability, familial status, or  marital  status,
    26  the  right  to  be  admitted to or participate in a guidance program, an
    27  apprenticeship training program, on-the-job training program,  executive
    28  training program, or other occupational training or retraining program;
    29    (c)  To  discriminate against any person in his or her pursuit of such
    30  programs or to discriminate against such a person in the  terms,  condi-
    31  tions  or  privileges  of  such  programs because of race, creed, color,
    32  national  origin,  sexual  orientation,  genetic  information,  military
    33  status, sex, age, disability, familial status or marital status;
    34    (d)  To  print  or  circulate or cause to be printed or circulated any
    35  statement, advertisement or publication, or to use any form of  applica-
    36  tion  for  such  programs or to make any inquiry in connection with such
    37  program which expresses, directly or indirectly, any  limitation,  spec-
    38  ification  or  discrimination as to race, creed, color, national origin,
    39  sexual orientation, genetic  information,  military  status,  sex,  age,
    40  disability,  familial status or marital status, or any intention to make
    41  any such limitation, specification or discrimination, unless based on  a
    42  bona fide occupational qualification.
    43    §  6.  Paragraph  (a) of subdivision 2 of section 296 of the executive
    44  law, as amended by chapter 106 of the laws of 2003, is amended  to  read
    45  as follows:
    46    (a)  It  shall  be an unlawful discriminatory practice for any person,
    47  being the owner, lessee, proprietor, manager, superintendent,  agent  or
    48  employee  of  any  place  of  public accommodation, resort or amusement,
    49  because of the race, creed, color, national origin, sexual  orientation,
    50  genetic  information,  military  status, sex, [or] disability or marital
    51  status of any person, directly or indirectly, to refuse,  withhold  from
    52  or deny to such person any of the accommodations, advantages, facilities
    53  or  privileges  thereof, including the extension of credit, or, directly
    54  or indirectly, to publish, circulate, issue, display, post or  mail  any
    55  written or printed communication, notice or advertisement, to the effect
    56  that any of the accommodations, advantages, facilities and privileges of

        A. 10246                            4
 
     1  any  such  place shall be refused, withheld from or denied to any person
     2  on account of race, creed, color, national origin,  sexual  orientation,
     3  genetic  information,  military  status, sex, [or] disability or marital
     4  status,  or  that  the  patronage  or custom thereat of any person of or
     5  purporting to be of any particular race, creed, color, national  origin,
     6  sexual orientation, genetic information, military status, sex or marital
     7  status,  or  having  a  disability  is  unwelcome,  objectionable or not
     8  acceptable, desired or solicited.
     9    § 7. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of  section
    10  296  of  the  executive  law, paragraphs (a), (b) and (c) as amended and
    11  paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended
    12  to read as follows:
    13    (a) To refuse to sell, rent or lease or otherwise to deny to or  with-
    14  hold  from  any  person  or group of persons such housing accommodations
    15  because of the race, creed, color, disability, national  origin,  sexual
    16  orientation,  genetic  information,  military  status, age, sex, marital
    17  status, or familial status of such person or persons,  or  to  represent
    18  that  any housing accommodation or land is not available for inspection,
    19  sale, rental or lease when in fact it is so available.
    20    (b) To discriminate against any person because of  his  or  her  race,
    21  creed,  color,  disability, national origin, sexual orientation, genetic
    22  information, military status, age,  sex,  marital  status,  or  familial
    23  status  in  the terms, conditions or privileges of any publicly-assisted
    24  housing accommodations or in the furnishing of facilities or services in
    25  connection therewith.
    26    (c) To cause to be made any written or oral inquiry or record concern-
    27  ing the race, creed, color, disability, national origin,  sexual  orien-
    28  tation,  genetic  information, membership in the reserve armed forces of
    29  the United States or in the organized militia of the  state,  age,  sex,
    30  marital  status, or familial status of a person seeking to rent or lease
    31  any publicly-assisted housing  accommodation;  provided,  however,  that
    32  nothing in this subdivision shall prohibit a member of the reserve armed
    33  forces  of  the  United  States or in the organized militia of the state
    34  from voluntarily disclosing such membership.
    35    (c-1) To print or circulate or cause to be printed or  circulated  any
    36  statement,  advertisement or publication, or to use any form of applica-
    37  tion for the purchase, rental or lease of such housing accommodation  or
    38  to  make  any  record  or  inquiry  in  connection  with the prospective
    39  purchase,  rental  or  lease  of  such  a  housing  accommodation  which
    40  expresses,  directly  or  indirectly,  any  limitation, specification or
    41  discrimination as to race, creed, color, national origin, sexual  orien-
    42  tation,  genetic  information,  military  status,  sex, age, disability,
    43  marital status, or familial status, or any intent to make any such limi-
    44  tation, specification or discrimination.
    45    § 8. Subdivision 3-b of section 296 of the executive law,  as  amended
    46  by chapter 106 of the laws of 2003, is amended to read as follows:
    47    3-b.  It  shall  be  an  unlawful discriminatory practice for any real
    48  estate broker, real estate salesperson or employee or agent  thereof  or
    49  any  other  individual, corporation, partnership or organization for the
    50  purpose of inducing a real estate transaction from which any such person
    51  or any of its stockholders or members may benefit financially, to repre-
    52  sent that a change has occurred or will or may occur in the  composition
    53  with respect to race, creed, color, national origin, sexual orientation,
    54  genetic  information,  military status, sex, disability, marital status,
    55  or familial status of the owners or occupants in the block, neighborhood
    56  or area in which the real property is located, and to represent, direct-

        A. 10246                            5
 
     1  ly or indirectly, that this change will or  may  result  in  undesirable
     2  consequences  in the block, neighborhood or area in which the real prop-
     3  erty is located, including but not limited to the lowering  of  property
     4  values, an increase in criminal or anti-social behavior, or a decline in
     5  the quality of schools or other facilities.
     6    §  9. Subdivision 4 of section 296 of the executive law, as amended by
     7  chapter 106 of the laws of 2003, is amended to read as follows:
     8    4. It shall be an unlawful discriminatory practice  for  an  education
     9  corporation  or  association  which holds itself out to the public to be
    10  non-sectarian and exempt from taxation pursuant  to  the  provisions  of
    11  article four of the real property tax law to deny the use of its facili-
    12  ties  to  any person otherwise qualified, or to permit the harassment of
    13  any student or applicant, by reason of his race, color, religion,  disa-
    14  bility,  national origin, sexual orientation, genetic information, mili-
    15  tary status, sex, age or marital status, except that any  such  institu-
    16  tion which establishes or maintains a policy of educating persons of one
    17  sex exclusively may admit students of only one sex.
    18    § 10. Subdivision 5 of section 296 of the executive law, as amended by
    19  chapter 106 of the laws of 2003, is amended to read as follows:
    20    5.  (a) It shall be an unlawful discriminatory practice for the owner,
    21  lessee, sub-lessee, assignee, or managing  agent  of,  or  other  person
    22  having  the  right  to  sell,  rent  or  lease  a housing accommodation,
    23  constructed or to be constructed, or any agent or employee thereof:
    24    (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
    25  from any person or group of persons such a housing accommodation because
    26  of the race, creed, color, national origin, sexual orientation,  genetic
    27  information,  military  status, sex, age, disability, marital status, or
    28  familial status of such person or persons,  or  to  represent  that  any
    29  housing  accommodation  or  land  is not available for inspection, sale,
    30  rental or lease when in fact it is so available.
    31    (2) To discriminate against any person because of race, creed,  color,
    32  national  origin,  sexual  orientation,  genetic  information,  military
    33  status, sex, age, disability, marital status, or familial status in  the
    34  terms, conditions or privileges of the sale, rental or lease of any such
    35  housing  accommodation or in the furnishing of facilities or services in
    36  connection therewith.
    37    (3) To print or circulate or cause to be  printed  or  circulated  any
    38  statement,  advertisement or publication, or to use any form of applica-
    39  tion for the purchase, rental or lease of such housing accommodation  or
    40  to  make  any  record  or  inquiry  in  connection  with the prospective
    41  purchase,  rental  or  lease  of  such  a  housing  accommodation  which
    42  expresses,  directly  or  indirectly,  any  limitation, specification or
    43  discrimination as to race, creed, color, national origin, sexual  orien-
    44  tation,  genetic  information,  military  status,  sex, age, disability,
    45  marital status, or familial status, or any intent to make any such limi-
    46  tation, specification or discrimination.
    47    The provisions of this paragraph [(a)] shall  not  apply  (1)  to  the
    48  rental  of  a housing accommodation in a building which contains housing
    49  accommodations for not more than two families  living  independently  of
    50  each  other, if the owner resides in one of such housing accommodations,
    51  (2) to the restriction of the rental of all rooms in a housing  accommo-
    52  dation  to individuals of the same sex or (3) to the rental of a room or
    53  rooms in a housing accommodation, if such rental is by the  occupant  of
    54  the  housing  accommodation or by the owner of the housing accommodation
    55  and the owner resides in such housing accommodation or (4)  solely  with
    56  respect  to  age  and  familial  status  to the restriction of the sale,

        A. 10246                            6
 
     1  rental or lease of housing accommodations exclusively to persons  sixty-
     2  two  years  of  age  or  older and the spouse of any such person, or for
     3  housing intended and operated for  occupancy  by  at  least  one  person
     4  fifty-five  years of age or older per unit. In determining whether hous-
     5  ing is intended and operated for occupancy by persons  fifty-five  years
     6  of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
     7  federal Fair Housing Act of 1988, as amended, shall apply.
     8    (b)  It  shall  be  an unlawful discriminatory practice for the owner,
     9  lessee, sub-lessee, or managing agent of, or  other  person  having  the
    10  right of ownership or possession of or the right to sell, rent or lease,
    11  land or commercial space:
    12    (1)  To  refuse  to sell, rent, lease or otherwise deny to or withhold
    13  from any person or group of persons land or commercial space because  of
    14  the  race,  creed,  color,  national origin, sexual orientation, genetic
    15  information, military status, sex, age, disability, marital  status,  or
    16  familial  status  of  such  person  or persons, or to represent that any
    17  housing accommodation or land is not  available  for  inspection,  sale,
    18  rental or lease when in fact it is so available;
    19    (2)  To discriminate against any person because of race, creed, color,
    20  national  origin,  sexual  orientation,  genetic  information,  military
    21  status,  sex, age, disability, marital status, or familial status in the
    22  terms, conditions or privileges of the sale, rental or lease of any such
    23  land or commercial space; or in the furnishing of facilities or services
    24  in connection therewith;
    25    (3) To print or circulate or cause to be  printed  or  circulated  any
    26  statement,  advertisement or publication, or to use any form of applica-
    27  tion for the purchase, rental or lease of such land or commercial  space
    28  or  to  make  any  record  or inquiry in connection with the prospective
    29  purchase, rental or  lease  of  such  land  or  commercial  space  which
    30  expresses,  directly  or  indirectly,  any  limitation, specification or
    31  discrimination as to race, creed, color, national origin, sexual  orien-
    32  tation,  genetic  information,  military  status,  sex, age, disability,
    33  marital status, or familial status; or any intent to make any such limi-
    34  tation, specification or discrimination.
    35    (4) With respect to age and familial status, the  provisions  of  this
    36  paragraph  shall  not  apply  to  the restriction of the sale, rental or
    37  lease of land or commercial  space  exclusively  to  persons  fifty-five
    38  years  of  age  or  older  and  the spouse of any such person, or to the
    39  restriction of the sale, rental or lease of land  to  be  used  for  the
    40  construction,  or  location  of  housing  accommodations exclusively for
    41  persons sixty-two years of age or older, or intended  and  operated  for
    42  occupancy  by  at  least one person fifty-five years of age or older per
    43  unit. In determining whether housing is intended and operated for  occu-
    44  pancy  by  persons fifty-five years of age or older, Sec. 807(b) (2) (c)
    45  (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988,  as
    46  amended, shall apply.
    47    (c)  It  shall  be  an  unlawful  discriminatory practice for any real
    48  estate broker, real estate salesperson or employee or agent thereof:
    49    (1) To refuse to sell, rent or lease any housing  accommodation,  land
    50  or  commercial  space  to any person or group of persons or to refuse to
    51  negotiate for the sale, rental or lease, of any  housing  accommodation,
    52  land  or  commercial  space to any person or group of persons because of
    53  the race, creed, color, national  origin,  sexual  orientation,  genetic
    54  information,  military  status, sex, age, disability, marital status, or
    55  familial status of such person or persons,  or  to  represent  that  any
    56  housing  accommodation,  land  or  commercial space is not available for

        A. 10246                            7
 
     1  inspection, sale, rental or lease when in fact it is  so  available,  or
     2  otherwise to deny or withhold any housing accommodation, land or commer-
     3  cial  space  or  any  facilities  of  any housing accommodation, land or
     4  commercial  space  from  any  person  or group of persons because of the
     5  race, creed, color, national origin, sexual orientation, genetic  infor-
     6  mation,  military status, sex, age, disability, marital status, or fami-
     7  lial status of such person or persons.
     8    (2) To print or circulate or cause to be  printed  or  circulated  any
     9  statement,  advertisement or publication, or to use any form of applica-
    10  tion for the purchase, rental or lease  of  any  housing  accommodation,
    11  land  or commercial space or to make any record or inquiry in connection
    12  with the prospective purchase, rental or lease of any  housing  accommo-
    13  dation,  land or commercial space which expresses, directly or indirect-
    14  ly, any limitation, specification, or discrimination as to race,  creed,
    15  color,  national  origin, sexual orientation, genetic information, mili-
    16  tary status, sex, age, disability, marital status, or  familial  status;
    17  or  any  intent  to make any such limitation, specification or discrimi-
    18  nation.
    19    (3) With respect to age and familial status, the  provisions  of  this
    20  paragraph  shall  not  apply  to  the restriction of the sale, rental or
    21  lease of any housing accommodation, land or commercial space exclusively
    22  to persons fifty-five years of age or older and the spouse of  any  such
    23  person,  or to the restriction of the sale, rental or lease of any hous-
    24  ing accommodation or land to be used for the construction or location of
    25  housing accommodations for persons sixty-two years of age or  older,  or
    26  intended  and  operated  for occupancy by at least one person fifty-five
    27  years of age or older  per  unit.  In  determining  whether  housing  is
    28  intended  and  operated for occupancy by persons fifty-five years of age
    29  or older, Sec.  807 (b) (2) (c) (42 U.S.C. 3607  (b)  (2)  (c))  of  the
    30  federal Fair Housing Act of 1988, as amended, shall apply.
    31    (d)  It  shall  be  an  unlawful  discriminatory practice for any real
    32  estate board, because of the race, creed, color, national origin, sexual
    33  orientation, genetic information, military status, age, sex, disability,
    34  marital status, or familial status of any individual  who  is  otherwise
    35  qualified  for  membership,  to  exclude  or  expel such individual from
    36  membership, or to discriminate against such  individual  in  the  terms,
    37  conditions and privileges of membership in such board.
    38    (e)  It  shall  be  an unlawful discriminatory practice for the owner,
    39  proprietor or managing agent of, or other person  having  the  right  to
    40  provide care and services in, a private proprietary nursing home, conva-
    41  lescent  home,  or home for adults, or an intermediate care facility, as
    42  defined  in  section  two  of  the  social  services   law,   heretofore
    43  constructed,  or to be constructed, or any agent or employee thereof, to
    44  refuse to provide services and care in such  home  or  facility  to  any
    45  individual  or  to  discriminate  against  any  individual in the terms,
    46  conditions, and privileges of such services and care solely because such
    47  individual is a blind person. For purposes of this paragraph,  a  "blind
    48  person" shall mean a person who is registered as a blind person with the
    49  commission  for the visually handicapped and who meets the definition of
    50  a "blind person" pursuant to  section  three  of  chapter  four  hundred
    51  fifteen  of  the  laws  of nineteen hundred thirteen entitled "An act to
    52  establish a state commission for improving the condition of the blind of
    53  the state of New York, and making an appropriation therefor".
    54    (f) The provisions of this subdivision, as they relate to  age,  shall
    55  not apply to persons under the age of eighteen years.

        A. 10246                            8
 
     1    (g)  It  shall  be  an unlawful discriminatory practice for any person
     2  offering or providing housing accommodations, land or  commercial  space
     3  as described in paragraphs (a), (b), and (c) of this subdivision to make
     4  or  cause  to  be  made any written or oral inquiry or record concerning
     5  membership  of  any person in the state organized militia in relation to
     6  the purchase, rental or lease of such housing  accommodation,  land,  or
     7  commercial  space,  provided,  however, that nothing in this subdivision
     8  shall prohibit a member of the state organized militia from  voluntarily
     9  disclosing such membership.
    10    §  11.  Paragraph (a) of subdivision 9 of section 296 of the executive
    11  law, as amended by chapter 365 of the laws of 2015, is amended  to  read
    12  as follows:
    13    (a)  It  shall  be  an  unlawful  discriminatory practice for any fire
    14  department or fire company therein, through any member or members there-
    15  of, officers, board of fire commissioners or other body or office having
    16  power of appointment of volunteer firefighters, directly or  indirectly,
    17  by ritualistic practice, constitutional or by-law prescription, by tacit
    18  agreement  among  its  members,  or otherwise, to deny to any individual
    19  membership in any volunteer fire department or fire company therein,  or
    20  to  expel or discriminate against any volunteer member of a fire depart-
    21  ment or fire  company  therein,  because  of  the  race,  creed,  color,
    22  national  origin,  sexual  orientation,  genetic  information,  military
    23  status, sex, marital status, or familial status, of such individual.
    24    § 12. Subdivision 13 of section 296 of the executive law,  as  amended
    25  by chapter 365 of the laws of 2015, is amended to read as follows:
    26    13. It shall be an unlawful discriminatory practice (i) for any person
    27  to  boycott  or  blacklist,  or  to refuse to buy from, sell to or trade
    28  with, or otherwise discriminate against any person, because of the race,
    29  creed, color, national origin, sexual orientation, genetic  information,
    30  military status, sex, disability, or familial status, of such person, or
    31  of  such  person's partners, members, stockholders, directors, officers,
    32  managers,  superintendents,  agents,  employees,  business   associates,
    33  suppliers or customers, or (ii) for any person wilfully to do any act or
    34  refrain  from  doing  any act which enables any such person to take such
    35  action. This subdivision shall not apply to:
    36    (a) Boycotts connected with labor disputes; or
    37    (b) Boycotts to protest unlawful discriminatory practices.
    38    § 13. Subdivisions 1, 2 and 3 of section 296-a of the  executive  law,
    39  as  amended  by  chapter 106 of the laws of 2003, are amended to read as
    40  follows:
    41    1. It shall be an unlawful discriminatory practice for any creditor or
    42  any officer, agent or employee thereof:
    43    a. In the  case  of  applications  for  credit  with  respect  to  the
    44  purchase,  acquisition,  construction, rehabilitation, repair or mainte-
    45  nance of any housing accommodation, land or commercial space to discrim-
    46  inate against any such applicant because  of  the  race,  creed,  color,
    47  national  origin,  sexual  orientation,  genetic  information,  military
    48  status, age, sex, marital status, disability, or familial status of such
    49  applicant or applicants or any member, stockholder, director, officer or
    50  employee of such applicant or applicants, or of  the  prospective  occu-
    51  pants  or  tenants  of  such  housing  accommodation, land or commercial
    52  space, in the granting, withholding, extending or renewing,  or  in  the
    53  fixing of the rates, terms or conditions of, any such credit;
    54    b.  To  discriminate in the granting, withholding, extending or renew-
    55  ing, or in the fixing of the rates, terms or conditions of, any form  of
    56  credit,  on  the  basis  of  race, creed, color, national origin, sexual

        A. 10246                            9
 
     1  orientation, genetic information, military  status,  age,  sex,  marital
     2  status, disability, or familial status;
     3    c. To use any form of application for credit or use or make any record
     4  or  inquiry  which  expresses,  directly  or indirectly, any limitation,
     5  specification, or discrimination as  to  race,  creed,  color,  national
     6  origin,  sexual  orientation, genetic information, military status, age,
     7  sex, marital status, disability, or familial status;
     8    d. To make any inquiry of an applicant concerning his or her  capacity
     9  to reproduce, or his or her use or advocacy of any form of birth control
    10  or family planning;
    11    e.  To  refuse  to  consider  sources  of  an applicant's income or to
    12  subject an applicant's income to  discounting,  in  whole  or  in  part,
    13  because  of  an  applicant's race, creed, color, national origin, sexual
    14  orientation, genetic information, military  status,  age,  sex,  marital
    15  status, childbearing potential, disability, or familial status;
    16    f.  To  discriminate  against  a  married  person  because such person
    17  neither uses nor is known by the surname of his or her spouse.
    18    This paragraph shall not apply to any situation where  the  use  of  a
    19  surname would constitute or result in a criminal act.
    20    2. Without limiting the generality of subdivision one of this section,
    21  it  shall  be considered discriminatory if, because of an applicant's or
    22  class of applicants' race, creed, color, national origin, sexual  orien-
    23  tation,  genetic  information, military status, age, sex, marital status
    24  or disability, or familial status, (i) an applicant or class  of  appli-
    25  cants  is  denied credit in circumstances where other applicants of like
    26  overall credit worthiness are granted credit, or (ii)  special  require-
    27  ments or conditions, such as requiring co-obligors or reapplication upon
    28  marriage,  are  imposed  upon  an  applicant  or  class of applicants in
    29  circumstances where similar requirements or conditions are  not  imposed
    30  upon other applicants of like overall credit worthiness.
    31    3.  It  shall  not  be  considered  discriminatory if credit differen-
    32  tiations or decisions are based upon  factually  supportable,  objective
    33  differences  in applicants' overall credit worthiness, which may include
    34  reference to such factors as current income,  assets  and  prior  credit
    35  history  of  such applicants, as well as reference to any other relevant
    36  factually supportable data; provided, however, that  no  creditor  shall
    37  consider, in evaluating the credit worthiness of an applicant, aggregate
    38  statistics  or  assumptions  relating  to  race,  creed, color, national
    39  origin, sexual orientation, genetic information, military  status,  sex,
    40  marital  status  or  disability,  or  to  the likelihood of any group of
    41  persons bearing or rearing children, or for that reason receiving dimin-
    42  ished or interrupted income in the future.
    43    § 14. Paragraph (b) of subdivision 2 of section 296-b of the executive
    44  law, as added by chapter 481 of the laws of 2010, is amended to read  as
    45  follows:
    46    (b) Subject a domestic worker to unwelcome harassment based on gender,
    47  race,  religion,  sexual  orientation,  genetic  information or national
    48  origin, where such harassment has the purpose or effect of  unreasonably
    49  interfering  with an individual's work performance by creating an intim-
    50  idating, hostile, or offensive working environment.
    51    § 15. Section 40-c of the civil rights law, as amended by chapter 2 of
    52  the laws of 2002, is amended to read as follows:
    53    § 40-c. Discrimination. 1. All persons within the jurisdiction of this
    54  state shall be entitled to the equal protection  of  the  laws  of  this
    55  state or any subdivision thereof.

        A. 10246                           10
 
     1    2.  No  person  shall, because of race, creed, color, national origin,
     2  sex, marital status, sexual orientation, genetic information,  or  disa-
     3  bility, as such term is defined in section two hundred ninety-two of the
     4  executive  law,  be  subjected to any discrimination in his or her civil
     5  rights,  or to any harassment, as defined in section 240.25 of the penal
     6  law, in the exercise thereof, by any other person or by any firm, corpo-
     7  ration or institution, or by the state or any agency or  subdivision  of
     8  the state.
     9    §  16.  Paragraph (a) of subdivision 1 of section 313 of the education
    10  law, as amended by chapter 2 of the laws of 2002, is amended to read  as
    11  follows:
    12    (a) It is hereby declared to be the policy of the state that the Amer-
    13  ican  ideal of equality of opportunity requires that students, otherwise
    14  qualified, be admitted to educational institutions and be  given  access
    15  to all the educational programs and courses operated or provided by such
    16  institutions  without regard to race, color, sex, religion, creed, mari-
    17  tal status, age, sexual orientation as defined in  section  two  hundred
    18  ninety-two  of  the  executive  law,  genetic  information as defined in
    19  section two hundred ninety-two of the executive law, or national origin,
    20  except that, with regard  to  religious  or  denominational  educational
    21  institutions, students, otherwise qualified, shall have the equal oppor-
    22  tunity  to attend therein without discrimination because of race, color,
    23  sex, marital status, age, sexual orientation as defined in  section  two
    24  hundred  ninety-two of the executive law, genetic information as defined
    25  in section two hundred ninety-two of  the  executive  law,  or  national
    26  origin.  It is a fundamental American right for members of various reli-
    27  gious faiths to establish and maintain educational  institutions  exclu-
    28  sively  or  primarily  for  students  of their own religious faith or to
    29  effectuate the religious principles in furtherance  of  which  they  are
    30  maintained. Nothing herein contained shall impair or abridge that right.
    31    § 17. Subdivision 3 of section 313 of the education law, as amended by
    32  chapter 2 of the laws of 2002, is amended to read as follows:
    33    (3)  Unfair  educational  practices. It shall be an unfair educational
    34  practice for an educational institution after September fifteenth, nine-
    35  teen hundred forty-eight:
    36    (a) To exclude or limit or otherwise discriminate against  any  person
    37  or  persons  seeking admission as students to such institution or to any
    38  educational program or course operated or provided by  such  institution
    39  because of race, religion, creed, sex, color, marital status, age, sexu-
    40  al orientation as defined in section two hundred ninety-two of the exec-
    41  utive  law,  genetic information as defined in section two hundred nine-
    42  ty-two of the executive law, or national origin; except that nothing  in
    43  this section shall be deemed to affect, in any way, the right of a reli-
    44  gious  or  denominational educational institution to select its students
    45  exclusively or primarily from members of such religion  or  denomination
    46  or  from  giving preference in such selection to such members or to make
    47  such selection of its students as is calculated by such  institution  to
    48  promote  the  religious  principles for which it is established or main-
    49  tained. Nothing herein contained shall impair or abridge the right of an
    50  independent institution, which establishes  or  maintains  a  policy  of
    51  educating  persons of one sex exclusively, to admit students of only one
    52  sex.
    53    (b) To penalize any individual because he or she has initiated, testi-
    54  fied, participated or assisted in any proceedings under this section.
    55    (c) To accept any endowment or gift of money or  property  conditioned
    56  upon teaching the doctrine of supremacy of any particular race.

        A. 10246                           11

     1    (d)  With  respect  to any individual who withdraws from attendance to
     2  serve on active duty in the armed forces of the United States in time of
     3  war, including any individual who withdrew from attendance on  or  after
     4  August  second,  nineteen  hundred ninety to serve on active duty in the
     5  armed  forces  of the United States in the Persian Gulf conflict: (i) to
     6  deny or limit the readmission of such individual to such institution  or
     7  to any educational program or course operated or provided by such insti-
     8  tution  because  of  such  withdrawal  from attendance or because of the
     9  failure to complete any educational program or course due to such  with-
    10  drawal;  (ii)  to  impose any academic penalty on such person because of
    11  such withdrawal or because of the failure to  complete  any  educational
    12  program  or  course due to such withdrawal; (iii) to reduce or eliminate
    13  any financial aid award granted to such individual which  could  not  be
    14  used,  in  whole  or  part, because of such withdrawal or because of the
    15  failure to complete any educational program or course due to such  with-
    16  drawal;  or  (iv)  to  fail to provide a credit or refund of tuition and
    17  fees paid by such individual for  any  semester,  term  or  quarter  not
    18  completed  because  of  such  withdrawal  or  because  of the failure to
    19  complete any program or course due to such withdrawal.
    20    (e) It shall not be an unfair educational practice for any educational
    21  institution to use criteria  other  than  race,  religion,  creed,  sex,
    22  color, marital status, age, sexual orientation as defined in section two
    23  hundred  ninety-two of the executive law, genetic information as defined
    24  section two hundred ninety-two of the executive law, or national  origin
    25  in the admission of students to such institution or to any of the educa-
    26  tional programs and courses operated or provided by such institution.
    27    §  18.  This act shall take effect on the thirtieth day after it shall
    28  have become a law.
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