STATE OF NEW YORK
________________________________________________________________________
4172
2023-2024 Regular Sessions
IN SENATE
February 3, 2023
___________
Introduced by Sens. KRUEGER, HARCKHAM -- read twice and ordered printed,
and when printed to be committed to the Committee on Investigations
and Government Operations
AN ACT to amend the executive law and the civil rights law, in relation
to adding "pregnancy outcome" to the list of protected classes
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 292 of the executive law is amended by adding a new
2 subdivision 42 to read as follows:
3 42. The term "pregnancy outcome" means any actual, potential, or
4 perceived result of a pregnancy, including, but not limited to,
5 abortion, miscarriage, stillbirth, live delivery of an infant regardless
6 of the infant's health or disability status, or death of a newborn due
7 to causes that originated in utero.
8 § 2. Subdivisions 1 and 2 of section 291 of the executive law, as
9 amended by chapter 8 of the laws of 2019, are amended to read as
10 follows:
11 1. The opportunity to obtain employment without discrimination because
12 of age, race, creed, color, national origin, sexual orientation, gender
13 identity or expression, military status, sex, pregnancy outcome, marital
14 status, or disability, is hereby recognized as and declared to be a
15 civil right.
16 2. The opportunity to obtain education, the use of places of public
17 accommodation and the ownership, use and occupancy of housing accommo-
18 dations and commercial space without discrimination because of age,
19 race, creed, color, national origin, sexual orientation, gender identity
20 or expression, military status, sex, pregnancy outcome, marital status,
21 or disability, as specified in section two hundred ninety-six of this
22 article, is hereby recognized as and declared to be a civil right.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01102-02-3
S. 4172 2
1 § 3. Subdivisions 8 and 9 of section 295 of the executive law, as
2 amended by chapter 8 of the laws of 2019, are amended to read as
3 follows:
4 8. To create such advisory councils, local, regional or state-wide, as
5 in its judgment will aid in effectuating the purposes of this article
6 and of section eleven of article one of the constitution of this state,
7 and the division may empower them to study the problems of discrimi-
8 nation in all or specific fields of human relationships or in specific
9 instances of discrimination because of age, race, creed, color, national
10 origin, sexual orientation, gender identity or expression, military
11 status, sex, pregnancy outcome, disability or marital status and make
12 recommendations to the division for the development of policies and
13 procedures in general and in specific instances. The advisory councils
14 also shall disseminate information about the division's activities to
15 organizations and individuals in their localities. Such advisory coun-
16 cils shall be composed of representative citizens, serving without pay,
17 but with reimbursement for actual and necessary traveling expenses; and
18 the division may make provision for technical and clerical assistance to
19 such councils and for the expenses of such assistance.
20 9. To develop human rights plans and policies for the state and assist
21 in their execution and to make investigations and studies appropriate to
22 effectuate this article and to issue such publications and such results
23 of investigations and research as in its judgement will tend to inform
24 persons of the rights assured and remedies provided under this article,
25 to promote good-will and minimize or eliminate discrimination because of
26 age, race, creed, color, national origin, sexual orientation, gender
27 identity or expression, military status, sex, pregnancy outcome, disa-
28 bility or marital status.
29 § 4. Paragraphs (a), (b), (c), (d) and (h) of subdivision 1 of section
30 296 of the executive law, as separately amended by chapters 202 and 748
31 of the laws of 2022, are amended to read as follows:
32 (a) For an employer or licensing agency, because of an individual's
33 age, race, creed, color, national origin, citizenship or immigration
34 status, sexual orientation, gender identity or expression, military
35 status, sex, pregnancy outcome, disability, predisposing genetic charac-
36 teristics, familial status, marital status, or status as a victim of
37 domestic violence, 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, citizenship or
42 immigration status, sexual orientation, gender identity or expression,
43 military status, sex, pregnancy outcome, disability, predisposing genet-
44 ic characteristics, familial status, marital status, or status as a
45 victim of domestic violence, in receiving, classifying, disposing or
46 otherwise acting upon applications for its services or in referring an
47 applicant or applicants to an employer or employers.
48 (c) For a labor organization, because of the age, race, creed, color,
49 national origin, citizenship or immigration status, sexual orientation,
50 gender identity or expression, military status, sex, pregnancy outcome,
51 disability, predisposing genetic characteristics, familial status, mari-
52 tal status, or status as a victim of domestic violence, of any individ-
53 ual, to exclude or to expel from its membership such individual or to
54 discriminate in any way against any of its members or against any
55 employer or any individual employed by an employer.
S. 4172 3
1 (d) For any employer or employment agency to print or circulate or
2 cause to be printed or circulated any statement, advertisement or publi-
3 cation, or to use any form of application for employment or to make any
4 inquiry in connection with prospective employment, which expresses
5 directly or indirectly, any limitation, specification or discrimination
6 as to age, race, creed, color, national origin, citizenship or immi-
7 gration status, sexual orientation, gender identity or expression, mili-
8 tary status, sex, pregnancy outcome, disability, predisposing genetic
9 characteristics, familial status, marital status, or status as a victim
10 of domestic violence, or any intent to make any such limitation, spec-
11 ification or discrimination, unless based upon a bona fide occupational
12 qualification; provided, however, that neither this paragraph nor any
13 provision of this chapter or other law shall be construed to prohibit
14 the department of civil service or the department of personnel of any
15 city containing more than one county from requesting information from
16 applicants for civil service examinations concerning any of the afore-
17 mentioned characteristics, other than sexual orientation, for the
18 purpose of conducting studies to identify and resolve possible problems
19 in recruitment and testing of members of minority groups to ensure the
20 fairest possible and equal opportunities for employment in the civil
21 service for all persons, regardless of age, race, creed, color, national
22 origin, citizenship or immigration status, sexual orientation or gender
23 identity or expression, military status, sex, pregnancy outcome, disa-
24 bility, predisposing genetic characteristics, familial status, or mari-
25 tal status.
26 (h) For an employer, licensing agency, employment agency or labor
27 organization to subject any individual to harassment because of an indi-
28 vidual's age, race, creed, color, national origin, citizenship or immi-
29 gration status, sexual orientation, gender identity or expression, mili-
30 tary status, sex, pregnancy outcome, disability, predisposing genetic
31 characteristics, familial status, marital status, status as a victim of
32 domestic violence, or because the individual has opposed any practices
33 forbidden under this article or because the individual has filed a
34 complaint, testified or assisted in any proceeding under this article,
35 regardless of whether such harassment would be considered severe or
36 pervasive under precedent applied to harassment claims. Such harassment
37 is an unlawful discriminatory practice when it subjects an individual to
38 inferior terms, conditions or privileges of employment because of the
39 individual's membership in one or more of these protected categories.
40 The fact that such individual did not make a complaint about the harass-
41 ment to such employer, licensing agency, employment agency or labor
42 organization shall not be determinative of whether such employer,
43 licensing agency, employment agency or labor organization shall be
44 liable. Nothing in this section shall imply that an employee must demon-
45 strate the existence of an individual to whom the employee's treatment
46 must be compared. It shall be an affirmative defense to liability under
47 this subdivision that the harassing conduct does not rise above the
48 level of what a reasonable victim of discrimination with the same
49 protected characteristic or characteristics would consider petty slights
50 or trivial inconveniences.
51 § 5. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of
52 the executive law, as separately amended by chapters 202 and 748 of the
53 laws of 2022, are amended to read as follows:
54 (b) To deny to or withhold from any person because of race, creed,
55 color, national origin, citizenship or immigration status, sexual orien-
56 tation, gender identity or expression, military status, sex, pregnancy
S. 4172 4
1 outcome, age, disability, familial status, marital status, or status as
2 a victim of domestic violence, the right to be admitted to or partic-
3 ipate in a guidance program, an apprenticeship training program, on-the-
4 job training program, executive training program, or other occupational
5 training or retraining program;
6 (c) To discriminate against any person in his or her pursuit of such
7 programs or to discriminate against such a person in the terms, condi-
8 tions or privileges of such programs because of race, creed, color,
9 national origin, citizenship or immigration status, sexual orientation,
10 gender identity or expression, military status, sex, pregnancy outcome,
11 age, disability, familial status, marital status, or status as a victim
12 of domestic violence;
13 (d) To print or circulate or cause to be printed or circulated any
14 statement, advertisement or publication, or to use any form of applica-
15 tion for such programs or to make any inquiry in connection with such
16 program which expresses, directly or indirectly, any limitation, spec-
17 ification or discrimination as to race, creed, color, national origin,
18 citizenship or immigration status, sexual orientation, gender identity
19 or expression, military status, sex, pregnancy outcome, age, disability,
20 familial status, marital status, or status as a victim of domestic
21 violence, or any intention to make any such limitation, specification or
22 discrimination, unless based on a bona fide occupational qualification.
23 § 6. Paragraph (a) of subdivision 2 of section 296 of the executive
24 law, as separately amended by chapters 202 and 748 of the laws of 2022,
25 is amended to read as follows:
26 (a) It shall be an unlawful discriminatory practice for any person,
27 being the owner, lessee, proprietor, manager, superintendent, agent or
28 employee of any place of public accommodation, resort or amusement,
29 because of the race, creed, color, national origin, citizenship or immi-
30 gration status, sexual orientation, gender identity or expression, mili-
31 tary status, sex, pregnancy outcome, disability, marital status, or
32 status as a victim of domestic violence, of any person, directly or
33 indirectly, to refuse, withhold from or deny to such person any of the
34 accommodations, advantages, facilities or privileges thereof, including
35 the extension of credit, or, directly or indirectly, to publish, circu-
36 late, issue, display, post or mail any written or printed communication,
37 notice or advertisement, to the effect that any of the accommodations,
38 advantages, facilities and privileges of any such place shall be
39 refused, withheld from or denied to any person on account of race,
40 creed, color, national origin, citizenship or immigration status, sexual
41 orientation, gender identity or expression, military status, sex, preg-
42 nancy outcome, disability or marital status, or that the patronage or
43 custom thereat of any person of or purporting to be of any particular
44 race, creed, color, national origin, citizenship or immigration status,
45 sexual orientation, gender identity or expression, military status, sex
46 or marital status, or having a disability or pregnancy outcome, is
47 unwelcome, objectionable or not acceptable, desired or solicited.
48 § 7. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
49 296 of the executive law, as separately amended by chapters 202 and 748
50 of the laws of 2022, are amended to read as follows:
51 (a) To refuse to sell, rent or lease or otherwise to deny to or with-
52 hold from any person or group of persons such housing accommodations
53 because of the race, creed, color, disability, national origin, citizen-
54 ship or immigration status, sexual orientation, gender identity or
55 expression, military status, age, sex, pregnancy outcome, marital
56 status, status as a victim of domestic violence, lawful source of income
S. 4172 5
1 or familial status of such person or persons, or to represent that any
2 housing accommodation or land is not available for inspection, sale,
3 rental or lease when in fact it is so available.
4 (b) To discriminate against any person because of his or her race,
5 creed, color, disability, national origin, citizenship or immigration
6 status, sexual orientation, gender identity or expression, military
7 status, age, sex, pregnancy outcome, marital status, status as a victim
8 of domestic violence, lawful source of income or familial status in the
9 terms, conditions or privileges of any publicly-assisted housing accom-
10 modations or in the furnishing of facilities or services in connection
11 therewith.
12 (c) To cause to be made any written or oral inquiry or record concern-
13 ing the race, creed, color, disability, national origin, citizenship or
14 immigration status, sexual orientation, gender identity or expression,
15 membership in the reserve armed forces of the United States or in the
16 organized militia of the state, age, sex, pregnancy outcome, marital
17 status, status as a victim of domestic violence, lawful source of income
18 or familial status of a person seeking to rent or lease any publicly-as-
19 sisted housing accommodation; provided, however, that nothing in this
20 subdivision shall prohibit a member of the reserve armed forces of the
21 United States or in the organized militia of the state from voluntarily
22 disclosing such membership.
23 (c-1) To print or circulate or cause to be printed or circulated any
24 statement, advertisement or publication, or to use any form of applica-
25 tion for the purchase, rental or lease of such housing accommodation or
26 to make any record or inquiry in connection with the prospective
27 purchase, rental or lease of such a housing accommodation which
28 expresses, directly or indirectly, any limitation, specification or
29 discrimination as to race, creed, color, national origin, citizenship or
30 immigration status, sexual orientation, gender identity or expression,
31 military status, sex, pregnancy outcome, age, disability, marital
32 status, status as a victim of domestic violence, lawful source of income
33 or familial status, or any intent to make any such limitation, specifi-
34 cation or discrimination.
35 § 8. Subdivisions 3-b, 4 and 13 of section 296 of the executive law,
36 as separately amended by chapters 202 and 748 of the laws of 2022, are
37 amended to read as follows:
38 3-b. It shall be an unlawful discriminatory practice for any real
39 estate broker, real estate salesperson or employee or agent thereof or
40 any other individual, corporation, partnership or organization for the
41 purpose of inducing a real estate transaction from which any such person
42 or any of its stockholders or members may benefit financially, to repre-
43 sent that a change has occurred or will or may occur in the composition
44 with respect to race, creed, color, national origin, citizenship or
45 immigration status, sexual orientation, gender identity or expression,
46 military status, sex, pregnancy outcome, disability, marital status,
47 status as a victim of domestic violence, or familial status of the
48 owners or occupants in the block, neighborhood or area in which the real
49 property is located, and to represent, directly or indirectly, that this
50 change will or may result in undesirable consequences in the block,
51 neighborhood or area in which the real property is located, including
52 but not limited to the lowering of property values, an increase in crim-
53 inal or anti-social behavior, or a decline in the quality of schools or
54 other facilities.
55 4. It shall be an unlawful discriminatory practice for an educational
56 institution to deny the use of its facilities to any person otherwise
S. 4172 6
1 qualified, or to permit the harassment of any student or applicant, by
2 reason of his race, color, religion, disability, national origin, citi-
3 zenship or immigration status, sexual orientation, gender identity or
4 expression, military status, sex, pregnancy outcome, age, marital
5 status, or status as a victim of domestic violence, except that any such
6 institution which establishes or maintains a policy of educating persons
7 of one sex exclusively may admit students of only one sex.
8 13. It shall be an unlawful discriminatory practice (i) for any person
9 to boycott or blacklist, or to refuse to buy from, sell to or trade
10 with, or otherwise discriminate against any person, because of the race,
11 creed, color, national origin, citizenship or immigration status, sexual
12 orientation, gender identity or expression, military status, sex, preg-
13 nancy outcome, status as a victim of domestic violence, disability, or
14 familial status, or of such person, or of such person's partners,
15 members, stockholders, directors, officers, managers, superintendents,
16 agents, employees, business associates, suppliers or customers, or (ii)
17 for any person wilfully to do any act or refrain from doing any act
18 which enables any such person to take such action. This subdivision
19 shall not apply to:
20 (a) Boycotts connected with labor disputes; or
21 (b) Boycotts to protest unlawful discriminatory practices.
22 § 9. Subparagraphs 1, 2 and 3 of paragraph (a) of subdivision 5 of
23 section 296 of the executive law, as separately amended by chapters 202
24 and 748 of the laws of 2022, are amended to read as follows:
25 (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
26 from any person or group of persons such a housing accommodation because
27 of the race, creed, color, national origin, citizenship or immigration
28 status, sexual orientation, gender identity or expression, military
29 status, sex, pregnancy outcome, age, disability, marital status, status
30 as a victim of domestic violence, lawful source of income or familial
31 status of such person or persons, or to represent that any housing
32 accommodation or land is not available for inspection, sale, rental or
33 lease when in fact it is so available.
34 (2) To discriminate against any person because of race, creed, color,
35 national origin, citizenship or immigration status, sexual orientation,
36 gender identity or expression, military status, sex, pregnancy outcome,
37 age, disability, marital status, status as a victim of domestic
38 violence, lawful source of income or familial status in the terms,
39 conditions or privileges of the sale, rental or lease of any such hous-
40 ing accommodation or in the furnishing of facilities or services in
41 connection therewith.
42 (3) To print or circulate or cause to be printed or circulated any
43 statement, advertisement or publication, or to use any form of applica-
44 tion for the purchase, rental or lease of such housing accommodation or
45 to make any record or inquiry in connection with the prospective
46 purchase, rental or lease of such a housing accommodation which
47 expresses, directly or indirectly, any limitation, specification or
48 discrimination as to race, creed, color, national origin, citizenship or
49 immigration status, sexual orientation, gender identity or expression,
50 military status, sex, pregnancy outcome, age, disability, marital
51 status, status as a victim of domestic violence, lawful source of income
52 or familial status, or any intent to make any such limitation, specifi-
53 cation or discrimination.
54 § 10. Subparagraphs 1, 2 and 3 of paragraph (b) of subdivision 5 of
55 section 296 of the executive law, as separately amended by chapters 202
56 and 748 of the laws of 2022, are amended to read as follows:
S. 4172 7
1 (1) To refuse to sell, rent, lease or otherwise deny to or withhold
2 from any person or group of persons land or commercial space because of
3 the race, creed, color, national origin, citizenship or immigration
4 status, sexual orientation, gender identity or expression, military
5 status, sex, pregnancy outcome, age, disability, marital status, status
6 as a victim of domestic violence, or familial status of such person or
7 persons, or to represent that any housing accommodation or land is not
8 available for inspection, sale, rental or lease when in fact it is so
9 available;
10 (2) To discriminate against any person because of race, creed, color,
11 national origin, citizenship or immigration status, sexual orientation,
12 gender identity or expression, military status, sex, pregnancy outcome,
13 age, disability, marital status, status as a victim of domestic
14 violence, or familial status in the terms, conditions or privileges of
15 the sale, rental or lease of any such land or commercial space; or in
16 the furnishing of facilities or services in connection therewith;
17 (3) To print or circulate or cause to be printed or circulated any
18 statement, advertisement or publication, or to use any form of applica-
19 tion for the purchase, rental or lease of such land or commercial space
20 or to make any record or inquiry in connection with the prospective
21 purchase, rental or lease of such land or commercial space which
22 expresses, directly or indirectly, any limitation, specification or
23 discrimination as to race, creed, color, national origin, citizenship or
24 immigration status, sexual orientation, gender identity or expression,
25 military status, sex, pregnancy outcome, age, disability, marital
26 status, status as a victim of domestic violence, or familial status; or
27 any intent to make any such limitation, specification or discrimination.
28 § 11. Subparagraphs 1 and 2 of paragraph (c) and paragraph (d) of
29 subdivision 5 of section 296 of the executive law, as separately amended
30 by chapters 202 and 748 of the laws of 2022, are amended to read as
31 follows:
32 (1) To refuse to sell, rent or lease any housing accommodation, land
33 or commercial space to any person or group of persons or to refuse to
34 negotiate for the sale, rental or lease, of any housing accommodation,
35 land or commercial space to any person or group of persons because of
36 the race, creed, color, national origin, citizenship or immigration
37 status, sexual orientation, gender identity or expression, military
38 status, sex, pregnancy outcome, age, disability, marital status, status
39 as a victim of domestic violence, lawful source of income or familial
40 status of such person or persons, or to represent that any housing
41 accommodation, land or commercial space is not available for inspection,
42 sale, rental or lease when in fact it is so available, or otherwise to
43 deny or withhold any housing accommodation, land or commercial space or
44 any facilities of any housing accommodation, land or commercial space
45 from any person or group of persons because of the race, creed, color,
46 national origin, citizenship or immigration status, sexual orientation,
47 gender identity or expression, military status, sex, pregnancy outcome,
48 age, disability, marital status, lawful source of income or familial
49 status of such person or persons.
50 (2) To print or circulate or cause to be printed or circulated any
51 statement, advertisement or publication, or to use any form of applica-
52 tion for the purchase, rental or lease of any housing accommodation,
53 land or commercial space or to make any record or inquiry in connection
54 with the prospective purchase, rental or lease of any housing accommo-
55 dation, land or commercial space which expresses, directly or indirect-
56 ly, any limitation, specification, or discrimination as to race, creed,
S. 4172 8
1 color, national origin, citizenship or immigration status, sexual orien-
2 tation, gender identity or expression, military status, sex, pregnancy
3 outcome, age, disability, marital status, status as a victim of domestic
4 violence, lawful source of income or familial status; or any intent to
5 make any such limitation, specification or discrimination.
6 (d) It shall be an unlawful discriminatory practice for any real
7 estate board, because of the race, creed, color, national origin, citi-
8 zenship or immigration status, sexual orientation, gender identity or
9 expression, military status, age, sex, pregnancy outcome, disability,
10 marital status, status as a victim of domestic violence, lawful source
11 of income or familial status of any individual who is otherwise quali-
12 fied for membership, to exclude or expel such individual from member-
13 ship, or to discriminate against such individual in the terms, condi-
14 tions and privileges of membership in such board.
15 § 12. Paragraph (a) of subdivision 9 of section 296 of the executive
16 law, as separately amended by chapters 202 and 748 of the laws of 2022,
17 is amended to read as follows:
18 (a) It shall be an unlawful discriminatory practice for any fire
19 department or fire company therein, through any member or members there-
20 of, officers, board of fire commissioners or other body or office having
21 power of appointment of volunteer firefighters, directly or indirectly,
22 by ritualistic practice, constitutional or by-law prescription, by tacit
23 agreement among its members, or otherwise, to deny to any individual
24 membership in any volunteer fire department or fire company therein, or
25 to expel or discriminate against any volunteer member of a fire depart-
26 ment or fire company therein, because of the race, creed, color,
27 national origin, citizenship or immigration status, sexual orientation,
28 gender identity or expression, military status, sex, pregnancy outcome,
29 marital status, status as a victim of domestic violence, or familial
30 status, of such individual.
31 § 13. Paragraphs a, b, c and e of subdivision 1 of section 296-a of
32 the executive law, as separately amended by chapters 202 and 748 of the
33 laws of 2022, are amended to read as follows:
34 a. In the case of applications for credit with respect to the
35 purchase, acquisition, construction, rehabilitation, repair or mainte-
36 nance of any housing accommodation, land or commercial space to discrim-
37 inate against any such applicant because of the race, creed, color,
38 national origin, citizenship or immigration status, sexual orientation,
39 gender identity or expression, military status, age, sex, pregnancy
40 outcome, marital status, status as a victim of domestic violence, disa-
41 bility, or familial status of such applicant or applicants or any
42 member, stockholder, director, officer or employee of such applicant or
43 applicants, or of the prospective occupants or tenants of such housing
44 accommodation, 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, citizenship
50 or immigration status, sexual orientation, gender identity or
51 expression, military status, age, sex, pregnancy outcome, marital
52 status, status as a victim of domestic violence, disability, or familial
53 status;
54 c. To use any form of application for credit or use or make any record
55 or inquiry which expresses, directly or indirectly, any limitation,
56 specification, or discrimination as to race, creed, color, national
S. 4172 9
1 origin, citizenship or immigration status, sexual orientation, gender
2 identity or expression, military status, age, sex, pregnancy outcome,
3 marital status, status as a victim of domestic violence, disability, or
4 familial status;
5 e. To refuse to consider sources of an applicant's income or to
6 subject an applicant's income to discounting, in whole or in part,
7 because of an applicant's race, creed, color, national origin, citizen-
8 ship or immigration status, sexual orientation, gender identity or
9 expression, military status, age, sex, pregnancy outcome, marital
10 status, status as a victim of domestic violence, childbearing potential,
11 disability, or familial status;
12 § 14. Subdivisions 2 and 3 of section 296-a of the executive law, as
13 separately amended by chapters 202 and 748 of the laws of 2022, are
14 amended to read as follows:
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, citizenship or
18 immigration status, sexual orientation, gender identity or expression,
19 military status, age, sex, pregnancy outcome, marital status, status as
20 a victim of domestic violence, disability, or familial status, (i) an
21 applicant or class of applicants is denied credit in circumstances where
22 other applicants of like overall credit worthiness are granted credit,
23 or (ii) special requirements or conditions, such as requiring co-obli-
24 gors or reapplication upon marriage, are imposed upon an applicant or
25 class of applicants in circumstances where similar requirements or
26 conditions are not imposed upon other applicants of like overall credit
27 worthiness.
28 3. It shall not be considered discriminatory if credit differen-
29 tiations or decisions are based upon factually supportable, objective
30 differences in applicants' overall credit worthiness, which may include
31 reference to such factors as current income, assets and prior credit
32 history of such applicants, as well as reference to any other relevant
33 factually supportable data; provided, however, that no creditor shall
34 consider, in evaluating the credit worthiness of an applicant, aggregate
35 statistics or assumptions relating to race, creed, color, national
36 origin, citizenship or immigration status, sexual orientation, gender
37 identity or expression, military status, sex, pregnancy outcome, marital
38 status, status as a victim of domestic violence or disability, or to the
39 likelihood of any group of persons bearing or rearing children, or for
40 that reason receiving diminished or interrupted income in the future.
41 § 15. Subdivision 2 of section 40-c of the civil rights law, as
42 amended by chapter 8 of the laws of 2019, is amended to read as follows:
43 2. No person shall, because of race, creed, color, national origin,
44 sex, pregnancy outcome, marital status, sexual orientation, gender iden-
45 tity or expression, or disability, as such term is defined in section
46 two hundred ninety-two of the executive law, be subjected to any
47 discrimination in his or her civil rights, or to any harassment, as
48 defined in section 240.25 of the penal law, in the exercise thereof, by
49 any other person or by any firm, corporation or institution, or by the
50 state or any agency or subdivision of the state.
51 § 16. This act shall take effect immediately.
