Prohibits discrimination based on gender identity or expression; defines "gender identity or expression" as having or being perceived as having a gender identity, self image, appearance, behavior or expression whether or not that gender identity, self image, appearance, behavior or expression is different from that traditionally associated with the sex assigned to that person at birth; further includes offenses regarding gender identity or expression within the list of offenses subject to treatment as hate crimes.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4558B
SPONSOR: Gottfried (MS) TITLE OF BILL: An act to amend the executive law, the civil rights
law and the education law, in relation to prohibiting discrimination
based on gender identity or expression; and to amend the penal law and
the criminal procedure law, in relation to including offenses regarding
gender identity or expression within the list of offenses subject to
treatment as hate crimes
PURPOSE OR GENERAL IDEA OF BILL:
To prohibit discrimination based on gender identity or expression, and
include offenses regarding gender identity or expression under the hate
crimes statute.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 declares the legislative intent.
Section 3 adds new Subdivision 35 to Section 292 of the Executive Law,
defining "gender identity or expression."
Other sections add "gender identity or expression" to list of factors
that prohibit discrimination, as follows:
Existing Law Section Description of Section
Sec. 2 Exec. § 291(1)&(2) Equality of opportunity defined as a
civil right
Sec. 4 Exec. § 295(8)&(9) Division of Human Rights powers and
duties
Sec. 5 Exec. § 296(1) Employers, licensing agencies,
employment agencies, and labor
organizations
Sec. 6 Exec. § 296(1-a) Apprenticeship training programs
Sec. 7 Exec. § 296(2) Places of public accommodation,
resort or amusement
Sec. 8 Exec. § 296(2-a) Publicly-assisted housing
Sec. 9 Exec. § 296(3-b) Realtors representing that
a change has occurred or may occur
in the composition of a neighborhood
Sec.10 Exec. § 296(4) Nonsectarian education corporations
or associations
Sec.11 Exec. § 296(5) Private housing accommodations
keeping the exemption
and commercial space,
for small, owner-occupied housing
Sec.12 Exec. § 296(9) Volunteer fire department membership
Sec.13 Exec. § 296(13) Commercial boycotts and blacklists
Sec.14 Exec. § 296-a(1),(2)&(3) Credit
Sec.15 Exec. § 296-b(2) Domestic worker harassment
Sec.16 Civil Rights § 40-c Civil rights
Sec.17 Educ. § 313(1) Education institutions, without
affecting the rights of religious
education institutions
Sec.18 Educ. § 313(3) Unfair educational practices
Sections 19 through 24 amend various provisions of the Penal Law and the
Criminal Procedure Law to add "gender identity or expression" to the
list of factors that can make a crime a "hate crime."
Section 25 provides for an effective date.
JUSTIFICATION:
Neither federal nor state statutes ban discrimination based on gender
identity and expression in areas of employment, housing or public accom-
modations. Because sexual orientation and gender identity and expression
are different, courts generally have not interpreted sexual orientation
nondiscrimination laws to include transgender discrimination. Eighteen
states, the District of Columbia and Puerto Rico, and 157 cities and
counties in the United States including the cities of Albany, Buffalo,
Ithaca, New York, Rochester and Syracuse, and the counties of Albany,
Suffolk, Tompkins and Westchester have passed transgender-inclusive
civil rights legislation. This legislation would extend those
protections statewide.
PRIOR LEGISLATIVE HISTORY:
2003: A.8319-A reported to Rules;
2004: A8319-A referred to Governmental Operations;
2005: A.7438 reported to Codes;
2006: A.7438 referred to Governmental Operations;
2007: A.6584 reported to Codes; S.3753 referred to Investigations and
Gov't. Operations
2008: A.6584-A passed Assembly; S.3753 referred to Investigations and
Gov't. Operations
2009-10: A.5710 - passed Assembly; S.2406 referred to Investigations and
Gov't. Operations
2011-12: A.5039 - passed Assembly; S.2873/S.6349 referred to Investi-
gations and Gov't Operations
2013: A4226 - passed Assembly; S195 referred to Investigations and
Gov't. Operations
2014: A4226-B passed Assembly; S195-B referred to Investigations and
Gov't. Operations
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal fiscal impact.
EFFECTIVE DATE:
Thirty days after it shall have become law, except sections 19 through
24 will be effective on the first of November next succeeding the date
on which it shall have become law.
STATE OF NEW YORK
________________________________________________________________________
4558--B
Cal. No. 183
2015-2016 Regular Sessions
IN ASSEMBLY
February 3, 2015
___________
Introduced by M. of A. GOTTFRIED, GLICK, O'DONNELL, TITONE, BRONSON,
MORELLE, BRENNAN, ROSENTHAL, DINOWITZ, COOK, HEVESI, SCHIMEL,
KAVANAGH, CAHILL, ENGLEBRIGHT, PAULIN, RYAN, ABINANTI, MOYA, SEPULVE-
DA, MOSLEY, ARROYO, PICHARDO, DAVILA, ORTIZ, ROZIC, WEPRIN, MAYER,
KAMINSKY, BLAKE, LINARES, RUSSELL, STECK, BICHOTTE, HUNTER -- Multi-
Sponsored by -- M. of A. AUBRY, BENEDETTO, BRAUNSTEIN, BUCHWALD,
DenDEKKER, FAHY, FARRELL, GALEF, GUNTHER, HOOPER, JAFFEE, LAVINE,
LIFTON, LUPARDO, MAGNARELLI, MARKEY, McDONALD, OTIS, PEOPLES-STOKES,
PERRY, PRETLOW, QUART, RAMOS, RIVERA, ROBINSON, SEAWRIGHT, SIMON,
SIMOTAS, SKARTADOS, SKOUFIS, SOLAGES, THIELE, WRIGHT -- read once and
referred to the Committee on Governmental Operations -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- advanced to a third reading, amended and ordered
reprinted, retaining its place on the order of third reading
AN ACT to amend the executive law, the civil rights law and the educa-
tion law, in relation to prohibiting discrimination based on gender
identity or expression; and to amend the penal law and the criminal
procedure law, in relation to including offenses regarding gender
identity or expression within the list of offenses subject to treat-
ment as hate crimes
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings and intent. The legislature reaffirms
2 that the state has the responsibility to act to assure that every indi-
3 vidual within this state is afforded an equal opportunity to enjoy a
4 full and productive life, and that the failure to provide such equal
5 opportunity, whether because of discrimination, prejudice, intolerance
6 or inadequate education, training, housing or health care not only
7 threatens the rights and proper privileges of its inhabitants, but
8 menaces the institutions and foundation of a free democratic state and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00167-05-6
A. 4558--B 2
1 threatens the peace, order, health, safety and general welfare of the
2 state and its inhabitants.
3 The legislature further finds that many residents of this state have
4 encountered prejudice on account of their gender identity or expression,
5 and that this prejudice has severely limited or actually prevented
6 access to employment, housing and other basic necessities of life, lead-
7 ing to deprivation and suffering. The legislature further recognizes
8 that this prejudice has fostered a general climate of hostility and
9 distrust, leading in some instances to physical violence against those
10 perceived to live in a gender identity or expression which is different
11 from that traditionally associated with the sex assigned to that person
12 at birth.
13 In so doing, the legislature makes clear its action is not intended to
14 promote any particular attitude, course of conduct or way of life. Rath-
15 er its purpose is to ensure that individuals who live in our free socie-
16 ty have the capacity to make their own choices, follow their own beliefs
17 and conduct their own lives as they see fit, consistent with existing
18 law.
19 The legislature further finds that, as court decisions have properly
20 held, New York's sex discrimination laws prohibit discrimination based
21 on gender stereotypes or because an individual has transitioned or
22 intends to transition from one gender to another. This legislation is
23 intended to codify this principle and to ensure that the public under-
24 stands that discrimination on the basis of gender identity and
25 expression is prohibited.
26 § 2. Subdivisions 1 and 2 of section 291 of the executive law, as
27 amended by chapter 196 of the laws of 2010, are amended to read as
28 follows:
29 1. The opportunity to obtain employment without discrimination because
30 of age, race, creed, color, national origin, sexual orientation, gender
31 identity or expression, military status, sex, marital status, or disa-
32 bility, is hereby recognized as and declared to be a civil right.
33 2. The opportunity to obtain education, the use of places of public
34 accommodation and the ownership, use and occupancy of housing accommo-
35 dations and commercial space without discrimination because of age,
36 race, creed, color, national origin, sexual orientation, gender identity
37 or expression, military status, sex, marital status, or disability, as
38 specified in section two hundred ninety-six of this article, is hereby
39 recognized as and declared to be a civil right.
40 § 3. Section 292 of the executive law is amended by adding a new
41 subdivision 35 to read as follows:
42 35. The term "gender identity or expression" means a person's actual
43 or perceived gender-related identity, appearance, behavior, expression,
44 or other gender-related characteristic regardless of the sex assigned to
45 that person at birth, including, but not limited to, the status of being
46 transgender.
47 § 4. Subdivisions 8 and 9 of section 295 of the executive law, as
48 amended by chapter 106 of the laws of 2003, are amended to read as
49 follows:
50 8. To create such advisory councils, local, regional or state-wide, as
51 in its judgment will aid in effectuating the purposes of this article
52 and of section eleven of article one of the constitution of this state,
53 and the division may empower them to study the problems of discrimi-
54 nation in all or specific fields of human relationships or in specific
55 instances of discrimination because of age, race, creed, color, national
56 origin, sexual orientation, gender identity or expression, military
A. 4558--B 3
1 status, sex, disability or marital status and make recommendations to
2 the division for the development of policies and procedures in general
3 and in specific instances. The advisory councils also shall disseminate
4 information about the division's activities to organizations and indi-
5 viduals in their localities. Such advisory councils shall be composed of
6 representative citizens, serving without pay, but with reimbursement for
7 actual and necessary traveling expenses; and the division may make
8 provision for technical and clerical assistance to such councils and for
9 the expenses of such assistance.
10 9. To develop human rights plans and policies for the state and assist
11 in their execution and to make investigations and studies appropriate to
12 effectuate this article and to issue such publications and such results
13 of investigations and research as in its judgement will tend to inform
14 persons of the rights assured and remedies provided under this article,
15 to promote good-will and minimize or eliminate discrimination because of
16 age, race, creed, color, national origin, sexual orientation, gender
17 identity or expression, military status, sex, disability or marital
18 status.
19 § 5. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section 296
20 of the executive law, as amended by chapter 365 of the laws of 2015, are
21 amended to read as follows:
22 (a) For an employer or licensing agency, because of an individual's
23 age, race, creed, color, national origin, sexual orientation, gender
24 identity or expression, military status, sex, disability, predisposing
25 genetic characteristics, familial status, marital status, or domestic
26 violence victim status, to refuse to hire or employ or to bar or to
27 discharge from employment such individual or to discriminate against
28 such individual in compensation or in terms, conditions or privileges of
29 employment.
30 (b) For an employment agency to discriminate against any individual
31 because of age, race, creed, color, national origin, sexual orientation,
32 gender identity or expression, military status, sex, disability, predis-
33 posing genetic characteristics, familial status, or marital status, in
34 receiving, classifying, disposing or otherwise acting upon applications
35 for its services or in referring an applicant or applicants to an
36 employer or employers.
37 (c) For a labor organization, because of the age, race, creed, color,
38 national origin, sexual orientation, gender identity or expression,
39 military status, sex, disability, predisposing genetic characteristics,
40 familial status, or marital status of any individual, to exclude or to
41 expel from its membership such individual or to discriminate in any way
42 against any of its members or against any employer or any individual
43 employed by an employer.
44 (d) For any employer or employment agency to print or circulate or
45 cause to be printed or circulated any statement, advertisement or publi-
46 cation, or to use any form of application for employment or to make any
47 inquiry in connection with prospective employment, which expresses
48 directly or indirectly, any limitation, specification or discrimination
49 as to age, race, creed, color, national origin, sexual orientation,
50 gender identity or expression, military status, sex, disability, predis-
51 posing genetic characteristics, familial status, or marital status, or
52 any intent to make any such limitation, specification or discrimination,
53 unless based upon a bona fide occupational qualification; provided,
54 however, that neither this paragraph nor any provision of this chapter
55 or other law shall be construed to prohibit the department of civil
56 service or the department of personnel of any city containing more than
A. 4558--B 4
1 one county from requesting information from applicants for civil service
2 examinations concerning any of the aforementioned characteristics, other
3 than sexual orientation, for the purpose of conducting studies to iden-
4 tify and resolve possible problems in recruitment and testing of members
5 of minority groups to insure the fairest possible and equal opportu-
6 nities for employment in the civil service for all persons, regardless
7 of age, race, creed, color, national origin, sexual orientation or
8 gender identity or expression, military status, sex, disability, predis-
9 posing genetic characteristics, familial status, or marital status.
10 § 6. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of
11 the executive law, as amended by chapter 365 of the laws of 2015, are
12 amended to read as follows:
13 (b) To deny to or withhold from any person because of race, creed,
14 color, national origin, sexual orientation, gender identity or
15 expression, military status, sex, age, disability, familial status, or
16 marital status, the right to be admitted to or participate in a guidance
17 program, an apprenticeship training program, on-the-job training
18 program, executive training program, or other occupational training or
19 retraining program;
20 (c) To discriminate against any person in his or her pursuit of such
21 programs or to discriminate against such a person in the terms, condi-
22 tions or privileges of such programs because of race, creed, color,
23 national origin, sexual orientation, gender identity or expression,
24 military status, sex, age, disability, familial status or marital
25 status;
26 (d) To print or circulate or cause to be printed or circulated any
27 statement, advertisement or publication, or to use any form of applica-
28 tion for such programs or to make any inquiry in connection with such
29 program which expresses, directly or indirectly, any limitation, spec-
30 ification or discrimination as to race, creed, color, national origin,
31 sexual orientation, gender identity or expression, military status, sex,
32 age, disability, familial status or marital status, or any intention to
33 make any such limitation, specification or discrimination, unless based
34 on a bona fide occupational qualification.
35 § 7. Paragraph (a) of subdivision 2 of section 296 of the executive
36 law, as amended by chapter 106 of the laws of 2003, is amended to read
37 as follows:
38 (a) It shall be an unlawful discriminatory practice for any person,
39 being the owner, lessee, proprietor, manager, superintendent, agent or
40 employee of any place of public accommodation, resort or amusement,
41 because of the race, creed, color, national origin, sexual orientation,
42 gender identity or expression, military status, sex, [or] disability or
43 marital status of any person, directly or indirectly, to refuse, with-
44 hold from or deny to such person any of the accommodations, advantages,
45 facilities or privileges thereof, including the extension of credit, or,
46 directly or indirectly, to publish, circulate, issue, display, post or
47 mail any written or printed communication, notice or advertisement, to
48 the effect that any of the accommodations, advantages, facilities and
49 privileges of any such place shall be refused, withheld from or denied
50 to any person on account of race, creed, color, national origin, sexual
51 orientation, gender identity or expression, military status, sex, [or]
52 disability or marital status, or that the patronage or custom thereat of
53 any person of or purporting to be of any particular race, creed, color,
54 national origin, sexual orientation, gender identity or expression,
55 military status, sex or marital status, or having a disability is unwel-
56 come, objectionable or not acceptable, desired or solicited.
A. 4558--B 5
1 § 8. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
2 296 of the executive law, paragraphs (a), (b) and (c) as amended and
3 paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended
4 to read as follows:
5 (a) To refuse to sell, rent or lease or otherwise to deny to or with-
6 hold from any person or group of persons such housing accommodations
7 because of the race, creed, color, disability, national origin, sexual
8 orientation, gender identity or expression, military status, age, sex,
9 marital status, or familial status of such person or persons, or to
10 represent that any housing accommodation or land is not available for
11 inspection, sale, rental or lease when in fact it is so available.
12 (b) To discriminate against any person because of his or her race,
13 creed, color, disability, national origin, sexual orientation, gender
14 identity or expression, military status, age, sex, marital status, or
15 familial status in the terms, conditions or privileges of any publicly-
16 assisted housing accommodations or in the furnishing of facilities or
17 services in connection therewith.
18 (c) To cause to be made any written or oral inquiry or record concern-
19 ing the race, creed, color, disability, national origin, sexual orien-
20 tation, gender identity or expression, membership in the reserve armed
21 forces of the United States or in the organized militia of the state,
22 age, sex, marital status, or familial status of a person seeking to rent
23 or lease any publicly-assisted housing accommodation; provided, however,
24 that nothing in this subdivision shall prohibit a member of the reserve
25 armed forces of the United States or in the organized militia of the
26 state from voluntarily disclosing such membership.
27 (c-1) To print or circulate or cause to be printed or circulated any
28 statement, advertisement or publication, or to use any form of applica-
29 tion for the purchase, rental or lease of such housing accommodation or
30 to make any record or inquiry in connection with the prospective
31 purchase, rental or lease of such a housing accommodation which
32 expresses, directly or indirectly, any limitation, specification or
33 discrimination as to race, creed, color, national origin, sexual orien-
34 tation, gender identity or expression, military status, sex, age, disa-
35 bility, marital status, or familial status, or any intent to make any
36 such limitation, specification or discrimination.
37 § 9. Subdivision 3-b of section 296 of the executive law, as amended
38 by chapter 106 of the laws of 2003, is amended to read as follows:
39 3-b. It shall be an unlawful discriminatory practice for any real
40 estate broker, real estate salesperson or employee or agent thereof or
41 any other individual, corporation, partnership or organization for the
42 purpose of inducing a real estate transaction from which any such person
43 or any of its stockholders or members may benefit financially, to repre-
44 sent that a change has occurred or will or may occur in the composition
45 with respect to race, creed, color, national origin, sexual orientation,
46 gender identity or expression, military status, sex, disability, marital
47 status, or familial status of the owners or occupants in the block,
48 neighborhood or area in which the real property is located, and to
49 represent, directly or indirectly, that this change will or may result
50 in undesirable consequences in the block, neighborhood or area in which
51 the real property is located, including but not limited to the lowering
52 of property values, an increase in criminal or anti-social behavior, or
53 a decline in the quality of schools or other facilities.
54 § 10. Subdivision 4 of section 296 of the executive law, as amended by
55 chapter 106 of the laws of 2003, is amended to read as follows:
A. 4558--B 6
1 4. It shall be an unlawful discriminatory practice for an education
2 corporation or association which holds itself out to the public to be
3 non-sectarian and exempt from taxation pursuant to the provisions of
4 article four of the real property tax law to deny the use of its facili-
5 ties to any person otherwise qualified, or to permit the harassment of
6 any student or applicant, by reason of his race, color, religion, disa-
7 bility, national origin, sexual orientation, gender identity or
8 expression, military status, sex, age or marital status, except that any
9 such institution which establishes or maintains a policy of educating
10 persons of one sex exclusively may admit students of only one sex.
11 § 11. Subdivision 5 of section 296 of the executive law, as amended by
12 chapter 106 of the laws of 2003, is amended to read as follows:
13 5. (a) It shall be an unlawful discriminatory practice for the owner,
14 lessee, sub-lessee, assignee, or managing agent of, or other person
15 having the right to sell, rent or lease a housing accommodation,
16 constructed or to be constructed, or any agent or employee thereof:
17 (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
18 from any person or group of persons such a housing accommodation because
19 of the race, creed, color, national origin, sexual orientation, gender
20 identity or expression, military status, sex, age, disability, marital
21 status, or familial status of such person or persons, or to represent
22 that any housing accommodation or land is not available for inspection,
23 sale, rental or lease when in fact it is so available.
24 (2) To discriminate against any person because of race, creed, color,
25 national origin, sexual orientation, gender identity or expression,
26 military status, sex, age, disability, marital status, or familial
27 status in the terms, conditions or privileges of the sale, rental or
28 lease of any such housing accommodation or in the furnishing of facili-
29 ties or services in connection therewith.
30 (3) To print or circulate or cause to be printed or circulated any
31 statement, advertisement or publication, or to use any form of applica-
32 tion for the purchase, rental or lease of such housing accommodation or
33 to make any record or inquiry in connection with the prospective
34 purchase, rental or lease of such a housing accommodation which
35 expresses, directly or indirectly, any limitation, specification or
36 discrimination as to race, creed, color, national origin, sexual orien-
37 tation, gender identity or expression, military status, sex, age, disa-
38 bility, marital status, or familial status, or any intent to make any
39 such limitation, specification or discrimination.
40 The provisions of this paragraph (a) shall not apply (1) to the rental
41 of a housing accommodation in a building which contains housing accommo-
42 dations for not more than two families living independently of each
43 other, if the owner resides in one of such housing accommodations, (2)
44 to the restriction of the rental of all rooms in a housing accommodation
45 to individuals of the same sex or (3) to the rental of a room or rooms
46 in a housing accommodation, if such rental is by the occupant of the
47 housing accommodation or by the owner of the housing accommodation and
48 the owner resides in such housing accommodation or (4) solely with
49 respect to age and familial status to the restriction of the sale,
50 rental or lease of housing accommodations exclusively to persons sixty-
51 two years of age or older and the spouse of any such person, or for
52 housing intended and operated for occupancy by at least one person
53 fifty-five years of age or older per unit. In determining whether hous-
54 ing is intended and operated for occupancy by persons fifty-five years
55 of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
56 federal Fair Housing Act of 1988, as amended, shall apply.
A. 4558--B 7
1 (b) It shall be an unlawful discriminatory practice for the owner,
2 lessee, sub-lessee, or managing agent of, or other person having the
3 right of ownership or possession of or the right to sell, rent or lease,
4 land or commercial space:
5 (1) To refuse to sell, rent, lease or otherwise deny to or withhold
6 from any person or group of persons land or commercial space because of
7 the race, creed, color, national origin, sexual orientation, gender
8 identity or expression, military status, sex, age, disability, marital
9 status, or familial status of such person or persons, or to represent
10 that any housing accommodation or land is not available for inspection,
11 sale, rental or lease when in fact it is so available;
12 (2) To discriminate against any person because of race, creed, color,
13 national origin, sexual orientation, gender identity or expression,
14 military status, sex, age, disability, marital status, or familial
15 status in the terms, conditions or privileges of the sale, rental or
16 lease of any such land or commercial space; or in the furnishing of
17 facilities or services in connection therewith;
18 (3) To print or circulate or cause to be printed or circulated any
19 statement, advertisement or publication, or to use any form of applica-
20 tion for the purchase, rental or lease of such land or commercial space
21 or to make any record or inquiry in connection with the prospective
22 purchase, rental or lease of such land or commercial space which
23 expresses, directly or indirectly, any limitation, specification or
24 discrimination as to race, creed, color, national origin, sexual orien-
25 tation, gender identity or expression, military status, sex, age, disa-
26 bility, marital status, or familial status; or any intent to make any
27 such limitation, specification or discrimination.
28 (4) With respect to age and familial status, the provisions of this
29 paragraph shall not apply to the restriction of the sale, rental or
30 lease of land or commercial space exclusively to persons fifty-five
31 years of age or older and the spouse of any such person, or to the
32 restriction of the sale, rental or lease of land to be used for the
33 construction, or location of housing accommodations exclusively for
34 persons sixty-two years of age or older, or intended and operated for
35 occupancy by at least one person fifty-five years of age or older per
36 unit. In determining whether housing is intended and operated for occu-
37 pancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c)
38 (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as
39 amended, shall apply.
40 (c) It shall be an unlawful discriminatory practice for any real
41 estate broker, real estate salesperson or employee or agent thereof:
42 (1) To refuse to sell, rent or lease any housing accommodation, land
43 or commercial space to any person or group of persons or to refuse to
44 negotiate for the sale, rental or lease, of any housing accommodation,
45 land or commercial space to any person or group of persons because of
46 the race, creed, color, national origin, sexual orientation, gender
47 identity or expression, military status, sex, age, disability, marital
48 status, or familial status of such person or persons, or to represent
49 that any housing accommodation, land or commercial space is not avail-
50 able for inspection, sale, rental or lease when in fact it is so avail-
51 able, or otherwise to deny or withhold any housing accommodation, land
52 or commercial space or any facilities of any housing accommodation, land
53 or commercial space from any person or group of persons because of the
54 race, creed, color, national origin, sexual orientation, gender identity
55 or expression, military status, sex, age, disability, marital status, or
56 familial status of such person or persons.
A. 4558--B 8
1 (2) To print or circulate or cause to be printed or circulated any
2 statement, advertisement or publication, or to use any form of applica-
3 tion for the purchase, rental or lease of any housing accommodation,
4 land or commercial space or to make any record or inquiry in connection
5 with the prospective purchase, rental or lease of any housing accommo-
6 dation, land or commercial space which expresses, directly or indirect-
7 ly, any limitation, specification, or discrimination as to race, creed,
8 color, national origin, sexual orientation, gender identity or
9 expression, military status, sex, age, disability, marital status, or
10 familial status; or any intent to make any such limitation, specifica-
11 tion or discrimination.
12 (3) With respect to age and familial status, the provisions of this
13 paragraph shall not apply to the restriction of the sale, rental or
14 lease of any housing accommodation, land or commercial space exclusively
15 to persons fifty-five years of age or older and the spouse of any such
16 person, or to the restriction of the sale, rental or lease of any hous-
17 ing accommodation or land to be used for the construction or location of
18 housing accommodations for persons sixty-two years of age or older, or
19 intended and operated for occupancy by at least one person fifty-five
20 years of age or older per unit. In determining whether housing is
21 intended and operated for occupancy by persons fifty-five years of age
22 or older, Sec. 807 (b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
23 federal Fair Housing Act of 1988, as amended, shall apply.
24 (d) It shall be an unlawful discriminatory practice for any real
25 estate board, because of the race, creed, color, national origin, sexual
26 orientation, gender identity or expression, military status, age, sex,
27 disability, marital status, or familial status of any individual who is
28 otherwise qualified for membership, to exclude or expel such individual
29 from membership, or to discriminate against such individual in the
30 terms, conditions and privileges of membership in such board.
31 (e) It shall be an unlawful discriminatory practice for the owner,
32 proprietor or managing agent of, or other person having the right to
33 provide care and services in, a private proprietary nursing home, conva-
34 lescent home, or home for adults, or an intermediate care facility, as
35 defined in section two of the social services law, heretofore
36 constructed, or to be constructed, or any agent or employee thereof, to
37 refuse to provide services and care in such home or facility to any
38 individual or to discriminate against any individual in the terms,
39 conditions, and privileges of such services and care solely because such
40 individual is a blind person. For purposes of this paragraph, a "blind
41 person" shall mean a person who is registered as a blind person with the
42 commission for the visually handicapped and who meets the definition of
43 a "blind person" pursuant to section three of chapter four hundred
44 fifteen of the laws of nineteen hundred thirteen entitled "An act to
45 establish a state commission for improving the condition of the blind of
46 the state of New York, and making an appropriation therefor".
47 (f) The provisions of this subdivision, as they relate to age, shall
48 not apply to persons under the age of eighteen years.
49 (g) It shall be an unlawful discriminatory practice for any person
50 offering or providing housing accommodations, land or commercial space
51 as described in paragraphs (a), (b), and (c) of this subdivision to make
52 or cause to be made any written or oral inquiry or record concerning
53 membership of any person in the state organized militia in relation to
54 the purchase, rental or lease of such housing accommodation, land, or
55 commercial space, provided, however, that nothing in this subdivision
A. 4558--B 9
1 shall prohibit a member of the state organized militia from voluntarily
2 disclosing such membership.
3 § 12. Paragraph (a) of subdivision 9 of section 296 of the executive
4 law, as amended by chapter 365 of the laws of 2015, is amended to read
5 as follows:
6 (a) It shall be an unlawful discriminatory practice for any fire
7 department or fire company therein, through any member or members there-
8 of, officers, board of fire commissioners or other body or office having
9 power of appointment of volunteer firefighters, directly or indirectly,
10 by ritualistic practice, constitutional or by-law prescription, by tacit
11 agreement among its members, or otherwise, to deny to any individual
12 membership in any volunteer fire department or fire company therein, or
13 to expel or discriminate against any volunteer member of a fire depart-
14 ment or fire company therein, because of the race, creed, color,
15 national origin, sexual orientation, gender identity or expression,
16 military status, sex, marital status, or familial status, of such indi-
17 vidual.
18 § 13. Subdivision 13 of section 296 of the executive law, as amended
19 by chapter 365 of the laws of 2015, is amended to read as follows:
20 13. It shall be an unlawful discriminatory practice (i) for any person
21 to boycott or blacklist, or to refuse to buy from, sell to or trade
22 with, or otherwise discriminate against any person, because of the race,
23 creed, color, national origin, sexual orientation, gender identity or
24 expression, military status, sex, disability, or familial status, of
25 such person, or of such person's partners, members, stockholders, direc-
26 tors, officers, managers, superintendents, agents, employees, business
27 associates, suppliers or customers, or (ii) for any person wilfully to
28 do any act or refrain from doing any act which enables any such person
29 to take such action. This subdivision shall not apply to:
30 (a) Boycotts connected with labor disputes; or
31 (b) Boycotts to protest unlawful discriminatory practices.
32 § 14. Subdivisions 1, 2 and 3 of section 296-a of the executive law,
33 as amended by chapter 106 of the laws of 2003, are amended to read as
34 follows:
35 1. It shall be an unlawful discriminatory practice for any creditor or
36 any officer, agent or employee thereof:
37 a. In the case of applications for credit with respect to the
38 purchase, acquisition, construction, rehabilitation, repair or mainte-
39 nance of any housing accommodation, land or commercial space to discrim-
40 inate against any such applicant because of the race, creed, color,
41 national origin, sexual orientation, gender identity or expression,
42 military status, age, sex, marital status, disability, or familial
43 status of such applicant or applicants or any member, stockholder,
44 director, officer or employee of such applicant or applicants, or of the
45 prospective occupants or tenants of such housing accommodation, land or
46 commercial space, in the granting, withholding, extending or renewing,
47 or in the fixing of the rates, terms or conditions of, any such credit;
48 b. To discriminate in the granting, withholding, extending or renew-
49 ing, or in the fixing of the rates, terms or conditions of, any form of
50 credit, on the basis of race, creed, color, national origin, sexual
51 orientation, gender identity or expression, military status, age, sex,
52 marital status, disability, or familial status;
53 c. To use any form of application for credit or use or make any record
54 or inquiry which expresses, directly or indirectly, any limitation,
55 specification, or discrimination as to race, creed, color, national
A. 4558--B 10
1 origin, sexual orientation, gender identity or expression, military
2 status, age, sex, marital status, disability, or familial status;
3 d. To make any inquiry of an applicant concerning his or her capacity
4 to reproduce, or his or her use or advocacy of any form of birth control
5 or family planning;
6 e. To refuse to consider sources of an applicant's income or to
7 subject an applicant's income to discounting, in whole or in part,
8 because of an applicant's race, creed, color, national origin, sexual
9 orientation, gender identity or expression, military status, age, sex,
10 marital status, childbearing potential, disability, or familial status;
11 f. To discriminate against a married person because such person
12 neither uses nor is known by the surname of his or her spouse.
13 This paragraph shall not apply to any situation where the use of a
14 surname would constitute or result in a criminal act.
15 2. Without limiting the generality of subdivision one of this section,
16 it shall be considered discriminatory if, because of an applicant's or
17 class of applicants' race, creed, color, national origin, sexual orien-
18 tation, gender identity or expression, military status, age, sex, mari-
19 tal status or disability, or familial status, (i) an applicant or class
20 of applicants is denied credit in circumstances where other applicants
21 of like overall credit worthiness are granted credit, or (ii) special
22 requirements or conditions, such as requiring co-obligors or reapplica-
23 tion upon marriage, are imposed upon an applicant or class of applicants
24 in circumstances where similar requirements or conditions are not
25 imposed upon other applicants of like overall credit worthiness.
26 3. It shall not be considered discriminatory if credit differen-
27 tiations or decisions are based upon factually supportable, objective
28 differences in applicants' overall credit worthiness, which may include
29 reference to such factors as current income, assets and prior credit
30 history of such applicants, as well as reference to any other relevant
31 factually supportable data; provided, however, that no creditor shall
32 consider, in evaluating the credit worthiness of an applicant, aggregate
33 statistics or assumptions relating to race, creed, color, national
34 origin, sexual orientation, gender identity or expression, military
35 status, sex, marital status or disability, or to the likelihood of any
36 group of persons bearing or rearing children, or for that reason receiv-
37 ing diminished or interrupted income in the future.
38 § 15. Paragraph (b) of subdivision 2 of section 296-b of the executive
39 law, as added by chapter 481 of the laws of 2010, is amended to read as
40 follows:
41 (b) Subject a domestic worker to unwelcome harassment based on gender,
42 race, religion, sexual orientation, gender identity or expression or
43 national origin, where such harassment has the purpose or effect of
44 unreasonably interfering with an individual's work performance by creat-
45 ing an intimidating, hostile, or offensive working environment.
46 § 16. Section 40-c of the civil rights law, as amended by chapter 2 of
47 the laws of 2002, is amended to read as follows:
48 § 40-c. Discrimination. 1. All persons within the jurisdiction of this
49 state shall be entitled to the equal protection of the laws of this
50 state or any subdivision thereof.
51 2. No person shall, because of race, creed, color, national origin,
52 sex, marital status, sexual orientation, gender identity or expression,
53 or disability, as such term is defined in section two hundred ninety-two
54 of the executive law, be subjected to any discrimination in his or her
55 civil rights, or to any harassment, as defined in section 240.25 of the
56 penal law, in the exercise thereof, by any other person or by any firm,
A. 4558--B 11
1 corporation or institution, or by the state or any agency or subdivision
2 of the state.
3 § 17. Paragraph (a) of subdivision 1 of section 313 of the education
4 law, as amended by chapter 2 of the laws of 2002, is amended to read as
5 follows:
6 (a) It is hereby declared to be the policy of the state that the Amer-
7 ican ideal of equality of opportunity requires that students, otherwise
8 qualified, be admitted to educational institutions and be given access
9 to all the educational programs and courses operated or provided by such
10 institutions without regard to race, color, sex, religion, creed, mari-
11 tal status, age, sexual orientation as defined in section two hundred
12 ninety-two of the executive law, gender identity or expression as
13 defined in section two hundred ninety-two of the executive law, or
14 national origin, except that, with regard to religious or denominational
15 educational institutions, students, otherwise qualified, shall have the
16 equal opportunity to attend therein without discrimination because of
17 race, color, sex, marital status, age, sexual orientation as defined in
18 section two hundred ninety-two of the executive law, gender identity or
19 expression as defined in section two hundred ninety-two of the executive
20 law, or national origin. It is a fundamental American right for members
21 of various religious faiths to establish and maintain educational insti-
22 tutions exclusively or primarily for students of their own religious
23 faith or to effectuate the religious principles in furtherance of which
24 they are maintained. Nothing herein contained shall impair or abridge
25 that right.
26 § 18. Subdivision 3 of section 313 of the education law, as amended by
27 chapter 2 of the laws of 2002, is amended to read as follows:
28 (3) Unfair educational practices. It shall be an unfair educational
29 practice for an educational institution after September fifteenth, nine-
30 teen hundred forty-eight:
31 (a) To exclude or limit or otherwise discriminate against any person
32 or persons seeking admission as students to such institution or to any
33 educational program or course operated or provided by such institution
34 because of race, religion, creed, sex, color, marital status, age, sexu-
35 al orientation as defined in section two hundred ninety-two of the exec-
36 utive law, gender identity or expression as defined in section two
37 hundred ninety-two of the executive law, or national origin; except that
38 nothing in this section shall be deemed to affect, in any way, the right
39 of a religious or denominational educational institution to select its
40 students exclusively or primarily from members of such religion or
41 denomination or from giving preference in such selection to such members
42 or to make such selection of its students as is calculated by such
43 institution to promote the religious principles for which it is estab-
44 lished or maintained. Nothing herein contained shall impair or abridge
45 the right of an independent institution, which establishes or maintains
46 a policy of educating persons of one sex exclusively, to admit students
47 of only one sex.
48 (b) To penalize any individual because he or she has initiated, testi-
49 fied, participated or assisted in any proceedings under this section.
50 (c) To accept any endowment or gift of money or property conditioned
51 upon teaching the doctrine of supremacy of any particular race.
52 (d) With respect to any individual who withdraws from attendance to
53 serve on active duty in the armed forces of the United States in time of
54 war, including any individual who withdrew from attendance on or after
55 August second, nineteen hundred ninety to serve on active duty in the
56 armed forces of the United States in the Persian Gulf conflict: (i) to
A. 4558--B 12
1 deny or limit the readmission of such individual to such institution or
2 to any educational program or course operated or provided by such insti-
3 tution because of such withdrawal from attendance or because of the
4 failure to complete any educational program or course due to such with-
5 drawal; (ii) to impose any academic penalty on such person because of
6 such withdrawal or because of the failure to complete any educational
7 program or course due to such withdrawal; (iii) to reduce or eliminate
8 any financial aid award granted to such individual which could not be
9 used, in whole or part, because of such withdrawal or because of the
10 failure to complete any educational program or course due to such with-
11 drawal; or (iv) to fail to provide a credit or refund of tuition and
12 fees paid by such individual for any semester, term or quarter not
13 completed because of such withdrawal or because of the failure to
14 complete any program or course due to such withdrawal.
15 (e) It shall not be an unfair educational practice for any educational
16 institution to use criteria other than race, religion, creed, sex,
17 color, marital status, age, sexual orientation as defined in section two
18 hundred ninety-two of the executive law, gender identity or expression
19 as defined in section two hundred ninety-two of the executive law, or
20 national origin in the admission of students to such institution or to
21 any of the educational programs and courses operated or provided by such
22 institution.
23 § 19. Section 485.00 of the penal law, as added by chapter 107 of the
24 laws of 2000, is amended to read as follows:
25 § 485.00 Legislative findings.
26 The legislature finds and determines as follows: criminal acts involv-
27 ing violence, intimidation and destruction of property based upon bias
28 and prejudice have become more prevalent in New York state in recent
29 years. The intolerable truth is that in these crimes, commonly and
30 justly referred to as "hate crimes", victims are intentionally selected,
31 in whole or in part, because of their race, color, national origin,
32 ancestry, gender, gender identity or expression, religion, religious
33 practice, age, disability or sexual orientation. Hate crimes do more
34 than threaten the safety and welfare of all citizens. They inflict on
35 victims incalculable physical and emotional damage and tear at the very
36 fabric of free society. Crimes motivated by invidious hatred toward
37 particular groups not only harm individual victims but send a powerful
38 message of intolerance and discrimination to all members of the group to
39 which the victim belongs. Hate crimes can and do intimidate and disrupt
40 entire communities and vitiate the civility that is essential to healthy
41 democratic processes. In a democratic society, citizens cannot be
42 required to approve of the beliefs and practices of others, but must
43 never commit criminal acts on account of them. Current law does not
44 adequately recognize the harm to public order and individual safety that
45 hate crimes cause. Therefore, our laws must be strengthened to provide
46 clear recognition of the gravity of hate crimes and the compelling
47 importance of preventing their recurrence.
48 Accordingly, the legislature finds and declares that hate crimes
49 should be prosecuted and punished with appropriate severity.
50 § 20. Subdivisions 1, 2 and 4 of section 485.05 of the penal law, as
51 added by chapter 107 of the laws of 2000, are amended to read as
52 follows:
53 1. A person commits a hate crime when he or she commits a specified
54 offense and either:
55 (a) intentionally selects the person against whom the offense is
56 committed or intended to be committed in whole or in substantial part
A. 4558--B 13
1 because of a belief or perception regarding the race, color, national
2 origin, ancestry, gender, gender identity or expression, religion, reli-
3 gious practice, age, disability or sexual orientation of a person,
4 regardless of whether the belief or perception is correct, or
5 (b) intentionally commits the act or acts constituting the offense in
6 whole or in substantial part because of a belief or perception regarding
7 the race, color, national origin, ancestry, gender, gender identity or
8 expression, religion, religious practice, age, disability or sexual
9 orientation of a person, regardless of whether the belief or perception
10 is correct.
11 2. Proof of race, color, national origin, ancestry, gender, gender
12 identity or expression, religion, religious practice, age, disability or
13 sexual orientation of the defendant, the victim or of both the defendant
14 and the victim does not, by itself, constitute legally sufficient
15 evidence satisfying the people's burden under paragraph (a) or (b) of
16 subdivision one of this section.
17 4. For purposes of this section:
18 (a) the term "age" means sixty years old or more;
19 (b) the term "disability" means a physical or mental impairment that
20 substantially limits a major life activity[.];
21 (c) the term "gender identity or expression" means a person's actual
22 or perceived gender-related identity, appearance, behavior, expression,
23 or other gender-related characteristic regardless of the sex assigned to
24 that person at birth, including, but not limited to, the status of being
25 transgender.
26 § 21. Subdivision 3 of section 240.30 of the penal law, as amended by
27 chapter 188 of the laws of 2014, is amended to read as follows:
28 3. With the intent to harass, annoy, threaten or alarm another person,
29 he or she strikes, shoves, kicks, or otherwise subjects another person
30 to physical contact, or attempts or threatens to do the same because of
31 a belief or perception regarding such person's race, color, national
32 origin, ancestry, gender, gender identity or expression, religion, reli-
33 gious practice, age, disability or sexual orientation, regardless of
34 whether the belief or perception is correct; or
35 § 22. The opening paragraph of section 240.31 of the penal law, as
36 amended by chapter 49 of the laws of 2006, is amended to read as
37 follows:
38 A person is guilty of aggravated harassment in the first degree when
39 with intent to harass, annoy, threaten or alarm another person, because
40 of a belief or perception regarding such person's race, color, national
41 origin, ancestry, gender, gender identity or expression, religion, reli-
42 gious practice, age, disability or sexual orientation, regardless of
43 whether the belief or perception is correct, he or she:
44 § 23. Section 240.00 of the penal law is amended by adding a new
45 subdivision 7 to read as follows:
46 7. "Gender identity or expression" means a person's actual or
47 perceived gender-related identity, appearance, behavior, expression, or
48 other gender-related characteristic regardless of the sex assigned to
49 that person at birth, including, but not limited to, the status of being
50 transgender.
51 § 24. Paragraph (c) of subdivision 7 of section 200.50 of the criminal
52 procedure law, as amended by chapter 7 of the laws of 2007, is amended
53 to read as follows:
54 (c) in the case of any hate crime, as defined in section 485.05 of the
55 penal law, specifies, as applicable, that the defendant or defendants
56 intentionally selected the person against whom the offense was committed
A. 4558--B 14
1 or intended to be committed; or intentionally committed the act or acts
2 constituting the offense, in whole or in substantial part because of a
3 belief or perception regarding the race, color, national origin, ances-
4 try, gender, gender identity or expression, religion, religious prac-
5 tice, age, disability or sexual orientation of a person; and
6 § 25. This act shall take effect on the thirtieth day after it shall
7 have become a law; provided, however, that sections nineteen through
8 twenty-four of this act shall take effect on the first of November next
9 succeeding the date on which it shall have become a law.
