Amd SS291, 292, 295, 296 & 296-a, Exec L; amd S40-c, Civ Rts L; amd S313, Ed L
Prohibits discrimination based on sexual orientation defined herein as heterosexuality, homosexuality, bisexuality or asexuality in employment, credit, public accommodations, education, etc.; preserves an exception for religious institutions or organizations based on religious principles.
STATE OF NEW YORK
________________________________________________________________________
720
2001-2002 Regular Sessions
IN SENATE
January 9, 2001
___________
Introduced by Sen. GOODMAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations, Taxation
and Government Operations
AN ACT to amend the executive law, the civil rights law and the educa-
tion law, in relation to prohibiting discrimination based on sexual
orientation
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
9 threatens the peace, order, health, safety and general welfare of the
10 state and its inhabitants.
11 The legislature further finds that many residents of this state have
12 encountered prejudice on account of their sexual orientation, and that
13 this prejudice has severely limited or actually prevented access to
14 employment, housing and other basic necessities of life, leading to
15 deprivation and suffering. The legislature further recognizes that this
16 prejudice has fostered a general climate of hostility and distrust,
17 leading in some instances to physical violence against those perceived
18 to be homosexual or bisexual.
19 In so doing, the legislature makes clear its action is not intended to
20 promote any particular attitude, course of conduct or way of life. Rath-
21 er its purpose is to ensure that individuals who live in our free socie-
22 ty have the capacity to make their own choices, follow their own beliefs
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00799-01-1
S. 720 2
1 and conduct their own lives as they see fit, consistent with existing
2 law.
3 Nothing in this legislation should be construed to create, add, alter
4 or abolish any right to marry that may exist under the constitution of
5 the United States, or this state and/or the laws of this state.
6 § 2. Subdivisions 1 and 2 of section 291 of the executive law, as
7 amended by chapter 803 of the laws of 1975, are amended to read as
8 follows:
9 1. The opportunity to obtain employment without discrimination because
10 of age, race, creed, color, national origin, sexual orientation, sex or
11 marital status is hereby recognized as and declared to be a civil right.
12 2. The opportunity to obtain education, the use of places of public
13 accommodation and the ownership, use and occupancy of housing accommo-
14 dations and commercial space without discrimination because of age,
15 race, creed, color, national origin, sexual orientation, sex or marital
16 status, as specified in section two hundred ninety-six of this article,
17 is hereby recognized as and declared to be a civil right.
18 § 3. Section 292 of the executive law is amended by adding a new
19 subdivision 27 to read as follows:
20 27. The term "sexual orientation" means heterosexuality, homosexuali-
21 ty, bisexuality or asexuality, whether actual or perceived. However,
22 nothing contained herein shall be construed to protect conduct otherwise
23 proscribed by law.
24 § 4. Subdivisions 8 and 9 of section 295 of the executive law, as
25 amended by chapter 113 of the laws of 1978, are amended to read as
26 follows:
27 8. To create such advisory councils, local, regional or state-wide, as
28 in its judgment will aid in effectuating the purposes of this article
29 and of section eleven of article one of the constitution of this state,
30 and the division may empower them to study the problems of discrimi-
31 nation in all or specific fields of human relationships or in specific
32 instances of discrimination because of age, race, creed, color, national
33 origin, sexual orientation, sex, disability or marital status and make
34 recommendations to the division for the development of policies and
35 procedures in general and in specific instances. The advisory councils
36 also shall disseminate information about the division's activities to
37 organizations and individuals in their localities. Such advisory coun-
38 cils shall be composed of representative citizens, serving without pay,
39 but with reimbursement for actual and necessary traveling expenses; and
40 the division may make provision for technical and clerical assistance to
41 such councils and for the expenses of such assistance.
42 9. To develop human rights plans and policies for the state and assist
43 in their execution and to make investigations and studies appropriate to
44 effectuate this article and to issue such publications and such results
45 of investigations and research as in its judgement will tend to inform
46 persons of the rights assured and remedies provided under this article,
47 to promote good-will and minimize or eliminate discrimination because of
48 age, race, creed, color, national origin, sexual orientation, sex, disa-
49 bility or marital status.
50 § 5. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section 296
51 of the executive law, as amended by chapter 204 of the laws of 1996, are
52 amended to read as follows:
53 (a) For an employer or licensing agency, because of the age, race,
54 creed, color, national origin, sexual orientation, sex, disability,
55 genetic predisposition or carrier status, or marital status of any indi-
56 vidual, to refuse to hire or employ or to bar or to discharge from
S. 720 3
1 employment such individual or to discriminate against such individual in
2 compensation or in terms, conditions or privileges of employment.
3 (b) For an employment agency to discriminate against any individual
4 because of age, race, creed, color, national origin, sexual orientation,
5 sex, disability, genetic predisposition or carrier status, or marital
6 status, in receiving, classifying, disposing or otherwise acting upon
7 applications for its services or in referring an applicant or applicants
8 to an employer or employers.
9 (c) For a labor organization, because of the age, race, creed, color,
10 national origin, sexual orientation, sex, disability, genetic predispo-
11 sition or carrier status, or marital status of any individual, to
12 exclude or to expel from its membership such individual or to discrimi-
13 nate in any way against any of its members or against any employer or
14 any individual employed by an employer.
15 (d) For any employer or employment agency to print or circulate or
16 cause to be printed or circulated any statement, advertisement or publi-
17 cation, or to use any form of application for employment or to make any
18 inquiry in connection with prospective employment, which expresses
19 directly or indirectly, any limitation, specification or discrimination
20 as to age, race, creed, color [or], national origin, sexual orientation,
21 sex, disability, genetic predisposition or carrier status, or marital
22 status, or any intent to make any such limitation, specification or
23 discrimination, unless based upon a bona fide occupational qualifica-
24 tion; provided, however, that neither this paragraph nor any provision
25 of this chapter or other law shall be construed to prohibit the depart-
26 ment of civil service or the department of personnel of any city
27 containing more than one county from requesting information from appli-
28 cants for civil service examinations concerning any of the aforemen-
29 tioned characteristics, other than sexual orientation, for the purpose
30 of conducting studies to identify and resolve possible problems in
31 recruitment and testing of members of minority groups to insure the
32 fairest possible and equal opportunities for employment in the civil
33 service for all persons, regardless of age, race, creed, color, national
34 origin, sexual orientation, sex, disability, genetic predisposition or
35 carrier status, or marital status.
36 § 6. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of
37 the executive law, paragraphs (b) and (d) as amended by chapter 414 of
38 the laws of 1984 and paragraph (c) as amended by chapter 166 of the laws
39 of 2000, are amended to read as follows:
40 (b) To deny to or withhold from any person because of race, creed,
41 color, national origin, sexual orientation, sex, age, disability, or
42 marital status, the right to be admitted to or participate in a guidance
43 program, an apprenticeship training program, on-the-job training
44 program, executive training program, or other occupational training or
45 retraining program;
46 (c) To discriminate against any person in his or her pursuit of such
47 programs or to discriminate against such a person in the terms, condi-
48 tions or privileges of such programs because of race, creed, color,
49 national origin, sexual orientation, sex, age, disability or marital
50 status;
51 (d) To print or circulate or cause to be printed or circulated any
52 statement, advertisement or publication, or to use any form of applica-
53 tion for such programs or to make any inquiry in connection with such
54 program which expresses, directly or indirectly, any limitation, spec-
55 ification or discrimination as to race, creed, color, national origin,
56 sexual orientation, sex, age, disability or marital status, or any
S. 720 4
1 intention to make any such limitation, specification or discrimination,
2 unless based on a bona fide occupational qualification.
3 § 7. Paragraph (a) of subdivision 2 of section 296 of the executive
4 law, as amended by chapter 803 of the laws of 1975, is amended to read
5 as follows:
6 (a) It shall be an unlawful discriminatory practice for any person,
7 being the owner, lessee, proprietor, manager, superintendent, agent or
8 employee of any place of public accommodation, resort or amusement,
9 because of the race, creed, color, national origin, sexual orientation,
10 sex, or disability or marital status of any person, directly or indi-
11 rectly, to refuse, withhold from or deny to such person any of the
12 accommodations, advantages, facilities or privileges thereof, including
13 the extension of credit, or, directly or indirectly, to publish, circu-
14 late, issue, display, post or mail any written or printed communication,
15 notice or advertisement, to the effect that any of the accommodations,
16 advantages, facilities and privileges of any such place shall be
17 refused, withheld from or denied to any person on account of race,
18 creed, color, national origin, sexual orientation, sex, or disability or
19 marital status, or that the patronage or custom thereat of any person of
20 or purporting to be of any particular race, creed, color, national
21 origin, sexual orientation, sex or marital status, or having a disabili-
22 ty is unwelcome, objectionable or not acceptable, desired or solicited.
23 § 8. Paragraphs (a), (b) and (c) of subdivision 2-a of section 296 of
24 the executive law, paragraphs (a) and (c) as amended by section 2 of
25 part D of chapter 405 of the laws of 1999 and paragraph (b) as amended
26 by chapter 166 of the laws of 2000, are amended to read as follows:
27 (a) To refuse to sell, rent or lease or otherwise to deny to or with-
28 hold from any person or group of persons such housing accommodations
29 because of the race, creed, color, disability, national origin, sexual
30 orientation, age, sex, marital status, or familial status of such person
31 or persons, or to represent that any housing accommodation or land is
32 not available for inspection, sale, rental or lease when in fact it is
33 so available.
34 (b) To discriminate against any person because of his or her race,
35 creed, color, disability, national origin, sexual orientation, age, sex,
36 marital status, or familial status in the terms, conditions or privi-
37 leges of any publicly-assisted housing accommodations or in the furnish-
38 ing of facilities or services in connection therewith.
39 (c) To cause to be made any written or oral inquiry or record concern-
40 ing the race, creed, color, disability, national origin, sexual orien-
41 tation, age, sex, marital status, or familial status of a person seeking
42 to rent or lease any publicly-assisted housing accommodation.
43 § 9. Subdivision 3-b of section 296 of the executive law, as amended
44 by chapter 166 of the laws of 2000, is amended to read as follows:
45 3-b. It shall be an unlawful discriminatory practice for any real
46 estate broker, real estate salesperson or employee or agent thereof or
47 any other individual, corporation, partnership or organization for the
48 purpose of inducing a real estate transaction from which any such person
49 or any of its stockholders or members may benefit financially, to repre-
50 sent that a change has occurred or will or may occur in the composition
51 with respect to race, creed, color, national origin, sexual orientation,
52 sex, disability, marital status, or familial status of the owners or
53 occupants in the block, neighborhood or area in which the real property
54 is located, and to represent, directly or indirectly, that this change
55 will or may result in undesirable consequences in the block, neighbor-
56 hood or area in which the real property is located, including but not
S. 720 5
1 limited to the lowering of property values, an increase in criminal or
2 anti-social behavior, or a decline in the quality of schools or other
3 facilities.
4 § 10. Subdivision 4 of section 296 of the executive law, as amended by
5 chapter 730 of the laws of 1977, is amended to read as follows:
6 4. It shall be an unlawful discriminatory practice for an education
7 corporation or association which holds itself out to the public to be
8 non-sectarian and exempt from taxation pursuant to the provisions of
9 article four of the real property tax law to deny the use of its facili-
10 ties to any person otherwise qualified, by reason of his race, color,
11 religion, disability, national origin, sexual orientation, age or mari-
12 tal status.
13 § 11. Subdivision 5 of section 296 of the executive law, as amended by
14 chapter 730 of the laws of 1977, paragraphs (a) and (c) as amended by
15 chapter 368 of the laws of 1991, subparagraph 1 and the closing para-
16 graph of paragraph (a) as amended by section 4 of part D of chapter 405
17 of the laws of 1999, paragraph (b) as amended by chapter 657 of the laws
18 of 1983, subparagraphs 1 and 2 of paragraph (b) and the opening para-
19 graph of paragraph (c) as amended by chapter 166 of the laws of 2000,
20 subparagraphs 3 and 4 of paragraph (b) as amended by section 5 of part D
21 of chapter 405 of the laws of 1999, subparagraph 3 of paragraph (c) as
22 amended by section 6 of part D of chapter 405 of the laws of 1999 and
23 paragraph (d) as amended by section 7 of part D of chapter 405 of the
24 laws of 1999, is amended to read as follows:
25 5. (a) It shall be an unlawful discriminatory practice for the owner,
26 lessee, sub-lessee, assignee, or managing agent of, or other person
27 having the right to sell, rent or lease a housing accommodation,
28 constructed or to be constructed, or any agent or employee thereof:
29 (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
30 from any person or group of persons such a housing accommodation because
31 of the race, creed, color, national origin, sexual orientation, sex,
32 age, disability, marital status, or familial status of such person or
33 persons, or to represent that any housing accommodation or land is not
34 available for inspection, sale, rental or lease when in fact it is so
35 available.
36 (2) To discriminate against any person because of race, creed, color,
37 national origin, sexual orientation, sex, age, disability, marital
38 status, or familial status in the terms, conditions or privileges of the
39 sale, rental or lease of any such housing accommodation or in the
40 furnishing of facilities or services in connection therewith.
41 (3) To print or circulate or cause to be printed or circulated any
42 statement, advertisement or publication, or to use any form of applica-
43 tion for the purchase, rental or lease of such housing accommodation or
44 to make any record or inquiry in connection with the prospective
45 purchase, rental or lease of such a housing accommodation which
46 expresses, directly or indirectly, any limitation, specification or
47 discrimination as to race, creed, color, national origin, sexual orien-
48 tation, sex, age, disability, marital status, or familial status, or any
49 intent to make any such limitation, specification or discrimination.
50 The provisions of this paragraph (a) shall not apply (1) to the rental
51 of a housing accommodation in a building which contains housing accommo-
52 dations for not more than two families living independently of each
53 other, if the owner resides in one of such housing accommodations, (2)
54 to the restriction of the rental of all rooms in a housing accommodation
55 to individuals of the same sex or (3) to the rental of a room or rooms
56 in a housing accommodation, if such rental is by the occupant of the
S. 720 6
1 housing accommodation or by the owner of the housing accommodation and
2 the owner resides in such housing accommodation or (4) solely with
3 respect to age and familial status to the restriction of the sale,
4 rental or lease of housing accommodations exclusively to persons sixty-
5 two years of age or older and the spouse of any such person, or for
6 housing intended and operated for occupancy by at least one person
7 fifty-five years of age or older per unit. In determining whether hous-
8 ing is intended and operated for occupancy by persons fifty-five years
9 of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
10 federal Fair Housing Act of 1988, as amended, shall apply.
11 (b) It shall be an unlawful discriminatory practice for the owner,
12 lessee, sub-lessee, or managing agent of, or other person having the
13 right of ownership or possession of or the right to sell, rent or lease,
14 land or commercial space:
15 (1) To refuse to sell, rent, lease or otherwise deny to or withhold
16 from any person or group of persons land or commercial space because of
17 the race, creed, color, national origin, sexual orientation, sex, age,
18 disability, marital status, or familial status of such person or
19 persons, or to represent that any housing accommodation or land is not
20 available for inspection, sale, rental or lease when in fact it is so
21 available;
22 (2) To discriminate against any person because of race, creed, color,
23 national origin, sexual orientation, sex, age, disability, marital
24 status, or familial status in the terms, conditions or privileges of the
25 sale, rental or lease of any such land or commercial space; or in the
26 furnishing of facilities or services in connection therewith;
27 (3) 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 land or commercial space
30 or to make any record or inquiry in connection with the prospective
31 purchase, rental or lease of such land or commercial space which
32 expresses, directly or indirectly, any limitation, specification or
33 discrimination as to race, creed, color, national origin, sexual orien-
34 tation, sex, age, disability, marital status, or familial status; or any
35 intent to make any such limitation, specification or discrimination.
36 (4) With respect to age and familial status, the provisions of this
37 paragraph shall not apply to the restriction of the sale, rental or
38 lease of land or commercial space exclusively to persons fifty-five
39 years of age or older and the spouse of any such person, or to the
40 restriction of the sale, rental or lease of land to be used for the
41 construction, or location of housing accommodations exclusively for
42 persons sixty-two years of age or older, or intended and operated for
43 occupancy by at least one person fifty-five years of age or older per
44 unit. In determining whether housing is intended and operated for occu-
45 pancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c)
46 (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as
47 amended, shall apply.
48 (c) It shall be an unlawful discriminatory practice for any real
49 estate broker, real estate salesperson or employee or agent thereof:
50 (1) To refuse to sell, rent or lease any housing accommodation, land
51 or commercial space to any person or group of persons or to refuse to
52 negotiate for the sale, rental or lease, of any housing accommodation,
53 land or commercial space to any person or group of persons because of
54 the race, creed, color, national origin, sexual orientation, sex, age,
55 disability, marital status, or familial status of such person or
56 persons, or to represent that any housing accommodation, land or commer-
S. 720 7
1 cial space is not available for inspection, sale, rental or lease when
2 in fact it is so available, or otherwise to deny or withhold any housing
3 accommodation, land or commercial space or any facilities of any housing
4 accommodation, land or commercial space from any person or group of
5 persons because of the race, creed, color, national origin, sexual
6 orientation, sex, age, disability, marital status, or familial status of
7 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, sex, age, disability, mari-
16 tal status, or familial status; or any intent to make any such limita-
17 tion, specification or discrimination.
18 (3) With respect to age and familial status, the provisions of this
19 paragraph shall not apply to the restriction of the sale, rental or
20 lease of any land or commercial space exclusively to persons fifty-five
21 years of age or older and the spouse of any such person, or to the
22 restriction of the sale, rental or lease of any housing accommodation or
23 land to be used for the construction or location of housing accommo-
24 dations for persons sixty-two years of age or older, or intended and
25 operated for occupancy by at least one person fifty-five years of age or
26 older per unit. In determining whether housing is intended and operated
27 for occupancy by persons fifty-five years of age or older, Sec. 807 (b)
28 (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act of
29 1988, as amended, shall apply.
30 (d) It shall be an unlawful discriminatory practice for any real
31 estate board, because of the race, creed, color, national origin, sexual
32 orientation, age, sex, disability, marital status, or familial status of
33 any individual who is otherwise qualified for membership, to exclude or
34 expel such individual from membership, or to discriminate against such
35 individual in the terms, conditions and privileges of membership in such
36 board.
37 (e) It shall be an unlawful discriminatory practice for the owner,
38 proprietor or managing agent of, or other person having the right to
39 provide care and services in, a private proprietary nursing home, conva-
40 lescent home, or home for adults, or an intermediate care facility, as
41 defined in section two of the social services law, heretofore
42 constructed, or to be constructed, or any agent or employee thereof, to
43 refuse to provide services and care in such home or facility to any
44 individual or to discriminate against any individual in the terms,
45 conditions, and privileges of such services and care solely because such
46 individual is a blind person. For purposes of this paragraph, a "blind
47 person" shall mean a person who is registered as a blind person with the
48 commission for the visually handicapped and who meets the definition of
49 a "blind person" pursuant to section three of chapter four hundred
50 fifteen of the laws of nineteen hundred thirteen entitled "An act to
51 establish a state commission for improving the condition of the blind of
52 the state of New York, and making an appropriation therefor".
53 (f) The provisions of this subdivision, as they relate to age, shall
54 not apply to persons under the age of eighteen years.
S. 720 8
1 § 12. Paragraph (a) of subdivision 9 of section 296 of the executive
2 law, as amended by chapter 166 of the laws of 2000, is amended to read
3 as follows:
4 (a) It shall be an unlawful discriminatory practice for any fire
5 department or fire company therein, through any member or members there-
6 of, officers, board of fire commissioners or other body or office having
7 power of appointment of volunteer firefighters, directly or indirectly,
8 by ritualistic practice, constitutional or by-law prescription, by tacit
9 agreement among its members, or otherwise, to deny to any individual
10 membership in any volunteer fire department or fire company therein, or
11 to expel or discriminate against any volunteer member of a fire depart-
12 ment or fire company therein, because of the race, creed, color,
13 national origin, sexual orientation, sex or marital status of such indi-
14 vidual.
15 § 13. Subdivision 13 of section 296 of the executive law, as added by
16 chapter 662 of the laws of 1975, is amended to read as follows:
17 13. It shall be an unlawful discriminatory practice (i) for any person
18 to discriminate against, boycott or blacklist, or to refuse to buy from,
19 sell to or trade with, any person, because of the race, creed, color,
20 national origin, sexual orientation or sex of such person, or of such
21 person's partners, members, stockholders, directors, officers, managers,
22 superintendents, agents, employees, business associates, suppliers or
23 customers, or (ii) for any person wilfully to do any act or refrain from
24 doing any act which enables any such person to take such action. This
25 subdivision shall not apply to:
26 (a) Boycotts connected with labor disputes; or
27 (b) Boycotts to protest unlawful discriminatory practices.
28 § 14. Subdivisions 1 and 2 of section 296-a of the executive law,
29 subdivision 1 as amended by chapter 168 of the laws of 1977, paragraphs
30 a, b, c, d and e of subdivision 1 as amended by chapter 166 of the laws
31 of 2000, paragraph f of subdivision 1 as added by chapter 114 of the
32 laws of 1987 and subdivision 2 as amended by section 10 of part D of
33 chapter 405 of the laws of 1999, are amended to read as follows:
34 1. It shall be an unlawful discriminatory practice for any creditor or
35 any officer, agent or employee thereof:
36 a. In the case of applications for credit with respect to the
37 purchase, acquisition, construction, rehabilitation, repair or mainte-
38 nance of any housing accommodation, land or commercial space to discrim-
39 inate against any such applicant because of the race, creed, color,
40 national origin, sexual orientation, age, sex, marital status, disabili-
41 ty, or familial status of such applicant or applicants or any member,
42 stockholder, director, officer or employee of such applicant or appli-
43 cants, or of the prospective occupants or tenants of such housing accom-
44 modation, land or commercial space, in the granting, withholding,
45 extending or renewing, or in the fixing of the rates, terms or condi-
46 tions of, any such credit;
47 b. To discriminate in the granting, withholding, extending or renew-
48 ing, or in the fixing of the rates, terms or conditions of, any form of
49 credit, on the basis of race, creed, color, national origin, sexual
50 orientation, age, sex, marital status, disability, or familial status;
51 c. To use any form of application for credit or use or make any record
52 or inquiry which expresses, directly or indirectly, any limitation,
53 specification, or discrimination as to race, creed, color, national
54 origin, sexual orientation, age, sex, marital status, disability, or
55 familial status;
S. 720 9
1 d. To make any inquiry of an applicant concerning his or her capacity
2 to reproduce, or his or her use or advocacy of any form of birth control
3 or family planning;
4 e. To refuse to consider sources of an applicant's income or to
5 subject an applicant's income to discounting, in whole or in part,
6 because of an applicant's race, creed, color, national origin, sexual
7 orientation, age, sex, marital status, childbearing potential, disabili-
8 ty, or familial status;
9 f. To discriminate against a married person because such person
10 neither uses nor is known by the surname of his or her spouse.
11 This paragraph shall not apply to any situation where the use of a
12 surname would constitute or result in a criminal act.
13 2. Without limiting the generality of subdivision one, it shall be
14 considered discriminatory if, because of an applicant's or class of
15 applicants' race, creed, color, national origin, sexual orientation,
16 age, sex, marital status or disability, or familial status, (i) an
17 applicant or class of applicants is denied credit in circumstances where
18 other applicants of like overall credit worthiness are granted credit,
19 or (ii) special requirements or conditions, such as requiring co-obli-
20 gors or reapplication upon marriage, are imposed upon an applicant or
21 class of applicants in circumstances where similar requirements or
22 conditions are not imposed upon other applicants of like overall credit
23 worthiness.
24 § 15. Section 40-c of the civil rights law, as amended by chapter 720
25 of the laws of 1982, is amended to read as follows:
26 § 40-c. Discrimination. 1. All persons within the jurisdiction of this
27 state shall be entitled to the equal protection of the laws of this
28 state or any subdivision thereof.
29 2. No person shall, because of race, creed, color, national origin,
30 sex, marital status, sexual orientation or disability, as such term is
31 defined in section two hundred ninety-two of the executive law, be
32 subjected to any discrimination in his or her civil rights, or to any
33 harassment, as defined in section 240.25 of the penal law, in the exer-
34 cise thereof, by any other person or by any firm, corporation or insti-
35 tution, or by the state or any agency or subdivision of the state.
36 § 16. Paragraph (a) of subdivision 1 of section 313 of the education
37 law, as amended by chapter 467 of the laws of 1991, is amended to read
38 as follows:
39 (a) It is hereby declared to be the policy of the state that the Amer-
40 ican ideal of equality of opportunity requires that students, otherwise
41 qualified, be admitted to educational institutions and be given access
42 to all the educational programs and courses operated or provided by such
43 institutions without regard to race, color, sex, religion, creed, mari-
44 tal status, age, sexual orientation as defined in section two hundred
45 ninety-two of the executive law or national origin, except that, with
46 regard to religious or denominational educational institutions,
47 students, otherwise qualified, shall have the equal opportunity to
48 attend therein without discrimination because of race, color, sex, mari-
49 tal status, age, sexual orientation as defined in section two hundred
50 ninety-two of the executive law or national origin. It is a fundamental
51 American right for members of various religious faiths to establish and
52 maintain educational institutions exclusively or primarily for students
53 of their own religious faith or to effectuate the religious principles
54 in furtherance of which they are maintained. Nothing herein contained
55 shall impair or abridge that right.
S. 720 10
1 § 17. Subdivision 3 of section 313 of the education law, as added by
2 chapter 753 of the laws of 1948, paragraphs (a) and (e) as amended by
3 chapter 537 of the laws of 1987, paragraph (c) as added by chapter 356
4 of the laws of 1953, paragraph (d) as added and paragraph (e) as relet-
5 tered by chapter 467 of the laws of 1991, is amended to read as follows:
6 (3) Unfair educational practices. It shall be an unfair educational
7 practice for an educational institution after September fifteenth, nine-
8 teen hundred forty-eight:
9 (a) To exclude or limit or otherwise discriminate against any person
10 or persons seeking admission as students to such institution or to any
11 educational program or course operated or provided by such institution
12 because of race, religion, creed, sex, color, marital status, age, sexu-
13 al orientation as defined in section two hundred ninety-two of the exec-
14 utive law or national origin; except that nothing in this section shall
15 be deemed to affect, in any way, the right of a religious or denomina-
16 tional educational institution to select its students exclusively or
17 primarily from members of such religion or denomination or from giving
18 preference in such selection to such members or to make such selection
19 of its students as is calculated by such institution to promote the
20 religious principles for which it is established or maintained. Nothing
21 herein contained shall impair or abridge the right of an independent
22 institution, which establishes or maintains a policy of educating
23 persons of one sex exclusively, to admit students of only one sex.
24 (b) To penalize any individual because he or she has initiated, testi-
25 fied, participated or assisted in any proceedings under this section.
26 (c) To accept any endowment or gift of money or property conditioned
27 upon teaching the doctrine of supremacy of any particular race.
28 (d) With respect to any individual who withdraws from attendance to
29 serve on active duty in the armed forces of the United States in time of
30 war, including any individual who withdrew from attendance on or after
31 August second, nineteen hundred ninety to serve on active duty in the
32 armed forces of the United States in the Persian Gulf conflict: (i) to
33 deny or limit the readmission of such individual to such institution or
34 to any educational program or course operated or provided by such insti-
35 tution because of such withdrawal from attendance or because of the
36 failure to complete any educational program or course due to such with-
37 drawal; (ii) to impose any academic penalty on such person because of
38 such withdrawal or because of the failure to complete any educational
39 program or course due to such withdrawal; (iii) to reduce or eliminate
40 any financial aid award granted to such individual which could not be
41 used, in whole or part, because of such withdrawal or because of the
42 failure to complete any educational program or course due to such with-
43 drawal; or (iv) to fail to provide a credit or refund of tuition and
44 fees paid by such individual for any semester, term or quarter not
45 completed because of such withdrawal or because of the failure to
46 complete any program or course due to such withdrawal.
47 (e) It shall not be an unfair educational practice for any educational
48 institution to use criteria other than race, religion, creed, sex,
49 color, marital status, age, sexual orientation as defined in section two
50 hundred ninety-two of the executive law or national origin in the admis-
51 sion of students to such institution or to any of the educational
52 programs and courses operated or provided by such institution.
53 § 18. This act shall take effect on the thirtieth day after it shall
54 have become a law.
