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.
STATE OF NEW YORK
________________________________________________________________________
3358
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
___________
Introduced by M. of A. GOTTFRIED, GLICK, O'DONNELL, TITONE, BRONSON,
MORELLE, ROSENTHAL, DINOWITZ, COOK, HEVESI, KAVANAGH, CAHILL, ENGLE-
BRIGHT, PAULIN, RYAN, ABINANTI, MOYA, SEPULVEDA, MOSLEY, ARROYO,
PICHARDO, ORTIZ, ROZIC, WEPRIN, MAYER, BLAKE, JENNE, STECK, BICHOTTE,
HUNTER, HARRIS, CARROLL -- Multi-Sponsored by -- M. of A. AUBRY, BENE-
DETTO, BRAUNSTEIN, BUCHWALD, DenDEKKER, FAHY, FARRELL, GALEF, GUNTHER,
HOOPER, JAFFEE, LIFTON, LUPARDO, MAGNARELLI, McDONALD, OTIS, PEOPLES-
STOKES, PERRY, PRETLOW, QUART, RAMOS, RIVERA, SEAWRIGHT, SIMON, SIMO-
TAS, SKARTADOS, SKOUFIS, SOLAGES, THIELE -- read once and referred to
the Committee on Governmental Operations
AN ACT to amend the executive law, the civil rights law and the educa-
tion law, in relation to prohibiting discrimination based on 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
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 gender identity or expression,
13 and that this prejudice has severely limited or actually prevented
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02432-01-7
A. 3358 2
1 access to employment, housing and other basic necessities of life, lead-
2 ing to deprivation and suffering. The legislature further recognizes
3 that this prejudice has fostered a general climate of hostility and
4 distrust, leading in some instances to physical violence against those
5 perceived to live in a gender identity or expression which is different
6 from that traditionally associated with the sex assigned to that person
7 at birth.
8 In so doing, the legislature makes clear its action is not intended to
9 promote any particular attitude, course of conduct or way of life. Rath-
10 er its purpose is to ensure that individuals who live in our free socie-
11 ty have the capacity to make their own choices, follow their own beliefs
12 and conduct their own lives as they see fit, consistent with existing
13 law.
14 The legislature further finds that, as court decisions have properly
15 held, New York's sex discrimination laws prohibit discrimination based
16 on gender stereotypes or because an individual has transitioned or
17 intends to transition from one gender to another. This legislation is
18 intended to codify this principle and to ensure that the public under-
19 stands that discrimination on the basis of gender identity and
20 expression is prohibited.
21 § 2. Subdivisions 1 and 2 of section 291 of the executive law, as
22 amended by chapter 196 of the laws of 2010, are amended to read as
23 follows:
24 1. The opportunity to obtain employment without discrimination because
25 of age, race, creed, color, national origin, sexual orientation, gender
26 identity or expression, military status, sex, marital status, or disa-
27 bility, is hereby recognized as and declared to be a civil right.
28 2. The opportunity to obtain education, the use of places of public
29 accommodation and the ownership, use and occupancy of housing accommo-
30 dations and commercial space without discrimination because of age,
31 race, creed, color, national origin, sexual orientation, gender identity
32 or expression, military status, sex, marital status, or disability, as
33 specified in section two hundred ninety-six of this article, is hereby
34 recognized as and declared to be a civil right.
35 § 3. Section 292 of the executive law is amended by adding a new
36 subdivision 35 to read as follows:
37 35. The term "gender identity or expression" means a person's actual
38 or perceived gender-related identity, appearance, behavior, expression,
39 or other gender-related characteristic regardless of the sex assigned to
40 that person at birth, including, but not limited to, the status of being
41 transgender.
42 § 4. Subdivisions 8 and 9 of section 295 of the executive law, as
43 amended by chapter 106 of the laws of 2003, are amended to read as
44 follows:
45 8. To create such advisory councils, local, regional or state-wide, as
46 in its judgment will aid in effectuating the purposes of this article
47 and of section eleven of article one of the constitution of this state,
48 and the division may empower them to study the problems of discrimi-
49 nation in all or specific fields of human relationships or in specific
50 instances of discrimination because of age, race, creed, color, national
51 origin, sexual orientation, gender identity or expression, military
52 status, sex, disability or marital status and make recommendations to
53 the division for the development of policies and procedures in general
54 and in specific instances. The advisory councils also shall disseminate
55 information about the division's activities to organizations and indi-
56 viduals in their localities. Such advisory councils shall be composed of
A. 3358 3
1 representative citizens, serving without pay, but with reimbursement for
2 actual and necessary traveling expenses; and the division may make
3 provision for technical and clerical assistance to such councils and for
4 the expenses of such assistance.
5 9. To develop human rights plans and policies for the state and assist
6 in their execution and to make investigations and studies appropriate to
7 effectuate this article and to issue such publications and such results
8 of investigations and research as in its judgement will tend to inform
9 persons of the rights assured and remedies provided under this article,
10 to promote good-will and minimize or eliminate discrimination because of
11 age, race, creed, color, national origin, sexual orientation, gender
12 identity or expression, military status, sex, disability or marital
13 status.
14 § 5. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section 296
15 of the executive law, as amended by chapter 365 of the laws of 2015, are
16 amended to read as follows:
17 (a) For an employer or licensing agency, because of an individual's
18 age, race, creed, color, national origin, sexual orientation, gender
19 identity or expression, military status, sex, disability, predisposing
20 genetic characteristics, familial status, marital status, or domestic
21 violence victim status, to refuse to hire or employ or to bar or to
22 discharge from employment such individual or to discriminate against
23 such individual in compensation or in terms, conditions or privileges of
24 employment.
25 (b) For an employment agency to discriminate against any individual
26 because of age, race, creed, color, national origin, sexual orientation,
27 gender identity or expression, military status, sex, disability, predis-
28 posing genetic characteristics, familial status, or marital status, in
29 receiving, classifying, disposing or otherwise acting upon applications
30 for its services or in referring an applicant or applicants to an
31 employer or employers.
32 (c) For a labor organization, because of the age, race, creed, color,
33 national origin, sexual orientation, gender identity or expression,
34 military status, sex, disability, predisposing genetic characteristics,
35 familial status, or marital status of any individual, to exclude or to
36 expel from its membership such individual or to discriminate in any way
37 against any of its members or against any employer or any individual
38 employed by an employer.
39 (d) For any employer or employment agency to print or circulate or
40 cause to be printed or circulated any statement, advertisement or publi-
41 cation, or to use any form of application for employment or to make any
42 inquiry in connection with prospective employment, which expresses
43 directly or indirectly, any limitation, specification or discrimination
44 as to age, race, creed, color, national origin, sexual orientation,
45 gender identity or expression, military status, sex, disability, predis-
46 posing genetic characteristics, familial status, or marital status, or
47 any intent to make any such limitation, specification or discrimination,
48 unless based upon a bona fide occupational qualification; provided,
49 however, that neither this paragraph nor any provision of this chapter
50 or other law shall be construed to prohibit the department of civil
51 service or the department of personnel of any city containing more than
52 one county from requesting information from applicants for civil service
53 examinations concerning any of the aforementioned characteristics, other
54 than sexual orientation, for the purpose of conducting studies to iden-
55 tify and resolve possible problems in recruitment and testing of members
56 of minority groups to insure the fairest possible and equal opportu-
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1 nities for employment in the civil service for all persons, regardless
2 of age, race, creed, color, national origin, sexual orientation or
3 gender identity or expression, military status, sex, disability, predis-
4 posing genetic characteristics, familial status, or marital status.
5 § 6. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of
6 the executive law, as amended by chapter 365 of the laws of 2015, are
7 amended to read as follows:
8 (b) To deny to or withhold from any person because of race, creed,
9 color, national origin, sexual orientation, gender identity or
10 expression, military status, sex, age, disability, familial status, or
11 marital status, the right to be admitted to or participate in a guidance
12 program, an apprenticeship training program, on-the-job training
13 program, executive training program, or other occupational training or
14 retraining program;
15 (c) To discriminate against any person in his or her pursuit of such
16 programs or to discriminate against such a person in the terms, condi-
17 tions or privileges of such programs because of race, creed, color,
18 national origin, sexual orientation, gender identity or expression,
19 military status, sex, age, disability, familial status or marital
20 status;
21 (d) To print or circulate or cause to be printed or circulated any
22 statement, advertisement or publication, or to use any form of applica-
23 tion for such programs or to make any inquiry in connection with such
24 program which expresses, directly or indirectly, any limitation, spec-
25 ification or discrimination as to race, creed, color, national origin,
26 sexual orientation, gender identity or expression, military status, sex,
27 age, disability, familial status or marital status, or any intention to
28 make any such limitation, specification or discrimination, unless based
29 on a bona fide occupational qualification.
30 § 7. Paragraph (a) of subdivision 2 of section 296 of the executive
31 law, as amended by chapter 106 of the laws of 2003, is amended to read
32 as follows:
33 (a) It shall be an unlawful discriminatory practice for any person,
34 being the owner, lessee, proprietor, manager, superintendent, agent or
35 employee of any place of public accommodation, resort or amusement,
36 because of the race, creed, color, national origin, sexual orientation,
37 gender identity or expression, military status, sex, [or] disability or
38 marital status of any person, directly or indirectly, to refuse, with-
39 hold from or deny to such person any of the accommodations, advantages,
40 facilities or privileges thereof, including the extension of credit, or,
41 directly or indirectly, to publish, circulate, issue, display, post or
42 mail any written or printed communication, notice or advertisement, to
43 the effect that any of the accommodations, advantages, facilities and
44 privileges of any such place shall be refused, withheld from or denied
45 to any person on account of race, creed, color, national origin, sexual
46 orientation, gender identity or expression, military status, sex, [or]
47 disability or marital status, or that the patronage or custom thereat of
48 any person of or purporting to be of any particular race, creed, color,
49 national origin, sexual orientation, gender identity or expression,
50 military status, sex or marital status, or having a disability is unwel-
51 come, objectionable or not acceptable, desired or solicited.
52 § 8. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
53 296 of the executive law, paragraphs (a), (b) and (c) as amended and
54 paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended
55 to read as follows:
A. 3358 5
1 (a) To refuse to sell, rent or lease or otherwise to deny to or with-
2 hold from any person or group of persons such housing accommodations
3 because of the race, creed, color, disability, national origin, sexual
4 orientation, gender identity or expression, military status, age, sex,
5 marital status, or familial status of such person or persons, or to
6 represent that any housing accommodation or land is not available for
7 inspection, sale, rental or lease when in fact it is so available.
8 (b) To discriminate against any person because of his or her race,
9 creed, color, disability, national origin, sexual orientation, gender
10 identity or expression, military status, age, sex, marital status, or
11 familial status in the terms, conditions or privileges of any publicly-
12 assisted housing accommodations or in the furnishing of facilities or
13 services in connection therewith.
14 (c) To cause to be made any written or oral inquiry or record concern-
15 ing the race, creed, color, disability, national origin, sexual orien-
16 tation, gender identity or expression, membership in the reserve armed
17 forces of the United States or in the organized militia of the state,
18 age, sex, marital status, or familial status of a person seeking to rent
19 or lease any publicly-assisted housing accommodation; provided, however,
20 that nothing in this subdivision shall prohibit a member of the reserve
21 armed forces of the United States or in the organized militia of the
22 state from voluntarily 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, sexual orien-
30 tation, gender identity or expression, military status, sex, age, disa-
31 bility, marital status, or familial status, or any intent to make any
32 such limitation, specification or discrimination.
33 § 9. Subdivision 3-b of section 296 of the executive law, as amended
34 by chapter 106 of the laws of 2003, is amended to read as follows:
35 3-b. It shall be an unlawful discriminatory practice for any real
36 estate broker, real estate salesperson or employee or agent thereof or
37 any other individual, corporation, partnership or organization for the
38 purpose of inducing a real estate transaction from which any such person
39 or any of its stockholders or members may benefit financially, to repre-
40 sent that a change has occurred or will or may occur in the composition
41 with respect to race, creed, color, national origin, sexual orientation,
42 gender identity or expression, military status, sex, disability, marital
43 status, or familial status of the owners or occupants in the block,
44 neighborhood or area in which the real property is located, and to
45 represent, directly or indirectly, that this change will or may result
46 in undesirable consequences in the block, neighborhood or area in which
47 the real property is located, including but not limited to the lowering
48 of property values, an increase in criminal or anti-social behavior, or
49 a decline in the quality of schools or other facilities.
50 § 10. Subdivision 4 of section 296 of the executive law, as amended by
51 chapter 106 of the laws of 2003, is amended to read as follows:
52 4. It shall be an unlawful discriminatory practice for an education
53 corporation or association which holds itself out to the public to be
54 non-sectarian and exempt from taxation pursuant to the provisions of
55 article four of the real property tax law to deny the use of its facili-
56 ties to any person otherwise qualified, or to permit the harassment of
A. 3358 6
1 any student or applicant, by reason of his race, color, religion, disa-
2 bility, national origin, sexual orientation, gender identity or
3 expression, military status, sex, age or marital status, except that any
4 such institution which establishes or maintains a policy of educating
5 persons of one sex exclusively may admit students of only one sex.
6 § 11. Subdivision 5 of section 296 of the executive law, as amended by
7 chapter 106 of the laws of 2003, is amended to read as follows:
8 5. (a) It shall be an unlawful discriminatory practice for the owner,
9 lessee, sub-lessee, assignee, or managing agent of, or other person
10 having the right to sell, rent or lease a housing accommodation,
11 constructed or to be constructed, or any agent or employee thereof:
12 (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
13 from any person or group of persons such a housing accommodation because
14 of the race, creed, color, national origin, sexual orientation, gender
15 identity or expression, military status, sex, age, disability, marital
16 status, or familial status of such person or persons, or to represent
17 that any housing accommodation or land is not available for inspection,
18 sale, rental or lease when in fact it is so available.
19 (2) To discriminate against any person because of race, creed, color,
20 national origin, sexual orientation, gender identity or expression,
21 military status, sex, age, disability, marital status, or familial
22 status in the terms, conditions or privileges of the sale, rental or
23 lease of any such housing accommodation or in the furnishing of facili-
24 ties or services in connection therewith.
25 (3) To print or circulate or cause to be printed or circulated any
26 statement, advertisement or publication, or to use any form of applica-
27 tion for the purchase, rental or lease of such housing accommodation or
28 to make any record or inquiry in connection with the prospective
29 purchase, rental or lease of such a housing accommodation which
30 expresses, directly or indirectly, any limitation, specification or
31 discrimination as to race, creed, color, national origin, sexual orien-
32 tation, gender identity or expression, military status, sex, age, disa-
33 bility, marital status, or familial status, or any intent to make any
34 such limitation, specification or discrimination.
35 The provisions of this paragraph (a) shall not apply (1) to the rental
36 of a housing accommodation in a building which contains housing accommo-
37 dations for not more than two families living independently of each
38 other, if the owner resides in one of such housing accommodations, (2)
39 to the restriction of the rental of all rooms in a housing accommodation
40 to individuals of the same sex or (3) to the rental of a room or rooms
41 in a housing accommodation, if such rental is by the occupant of the
42 housing accommodation or by the owner of the housing accommodation and
43 the owner resides in such housing accommodation or (4) solely with
44 respect to age and familial status to the restriction of the sale,
45 rental or lease of housing accommodations exclusively to persons sixty-
46 two years of age or older and the spouse of any such person, or for
47 housing intended and operated for occupancy by at least one person
48 fifty-five years of age or older per unit. In determining whether hous-
49 ing is intended and operated for occupancy by persons fifty-five years
50 of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
51 federal Fair Housing Act of 1988, as amended, shall apply.
52 (b) It shall be an unlawful discriminatory practice for the owner,
53 lessee, sub-lessee, or managing agent of, or other person having the
54 right of ownership or possession of or the right to sell, rent or lease,
55 land or commercial space:
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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, sexual orientation, gender
4 identity or expression, military status, sex, age, disability, marital
5 status, or familial status of such person or persons, or to represent
6 that any housing accommodation or land is not available for inspection,
7 sale, rental or lease when in fact it is so available;
8 (2) To discriminate against any person because of race, creed, color,
9 national origin, sexual orientation, gender identity or expression,
10 military status, sex, age, disability, marital status, or familial
11 status in the terms, conditions or privileges of the sale, rental or
12 lease of any such land or commercial space; or in the furnishing of
13 facilities or services in connection therewith;
14 (3) To print or circulate or cause to be printed or circulated any
15 statement, advertisement or publication, or to use any form of applica-
16 tion for the purchase, rental or lease of such land or commercial space
17 or to make any record or inquiry in connection with the prospective
18 purchase, rental or lease of such land or commercial space which
19 expresses, directly or indirectly, any limitation, specification or
20 discrimination as to race, creed, color, national origin, sexual orien-
21 tation, gender identity or expression, military status, sex, age, disa-
22 bility, marital status, or familial status; or any intent to make any
23 such limitation, specification or discrimination.
24 (4) With respect to age and familial status, the provisions of this
25 paragraph shall not apply to the restriction of the sale, rental or
26 lease of land or commercial space exclusively to persons fifty-five
27 years of age or older and the spouse of any such person, or to the
28 restriction of the sale, rental or lease of land to be used for the
29 construction, or location of housing accommodations exclusively for
30 persons sixty-two years of age or older, or intended and operated for
31 occupancy by at least one person fifty-five years of age or older per
32 unit. In determining whether housing is intended and operated for occu-
33 pancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c)
34 (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as
35 amended, shall apply.
36 (c) It shall be an unlawful discriminatory practice for any real
37 estate broker, real estate salesperson or employee or agent thereof:
38 (1) To refuse to sell, rent or lease any housing accommodation, land
39 or commercial space to any person or group of persons or to refuse to
40 negotiate for the sale, rental or lease, of any housing accommodation,
41 land or commercial space to any person or group of persons because of
42 the race, creed, color, national origin, sexual orientation, gender
43 identity or expression, military status, sex, age, disability, marital
44 status, or familial status of such person or persons, or to represent
45 that any housing accommodation, land or commercial space is not avail-
46 able for inspection, sale, rental or lease when in fact it is so avail-
47 able, or otherwise to deny or withhold any housing accommodation, land
48 or commercial space or any facilities of any housing accommodation, land
49 or commercial space from any person or group of persons because of the
50 race, creed, color, national origin, sexual orientation, gender identity
51 or expression, military status, sex, age, disability, marital status, or
52 familial status of such person or persons.
53 (2) To print or circulate or cause to be printed or circulated any
54 statement, advertisement or publication, or to use any form of applica-
55 tion for the purchase, rental or lease of any housing accommodation,
56 land or commercial space or to make any record or inquiry in connection
A. 3358 8
1 with the prospective purchase, rental or lease of any housing accommo-
2 dation, land or commercial space which expresses, directly or indirect-
3 ly, any limitation, specification, or discrimination as to race, creed,
4 color, national origin, sexual orientation, gender identity or
5 expression, military status, sex, age, disability, marital status, or
6 familial status; or any intent to make any such limitation, specifica-
7 tion or discrimination.
8 (3) With respect to age and familial status, the provisions of this
9 paragraph shall not apply to the restriction of the sale, rental or
10 lease of any housing accommodation, land or commercial space exclusively
11 to persons fifty-five years of age or older and the spouse of any such
12 person, or to the restriction of the sale, rental or lease of any hous-
13 ing accommodation or land to be used for the construction or location of
14 housing accommodations for persons sixty-two years of age or older, or
15 intended and operated for occupancy by at least one person fifty-five
16 years of age or older per unit. In determining whether housing is
17 intended and operated for occupancy by persons fifty-five years of age
18 or older, Sec. 807 (b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
19 federal Fair Housing Act of 1988, as amended, shall apply.
20 (d) It shall be an unlawful discriminatory practice for any real
21 estate board, because of the race, creed, color, national origin, sexual
22 orientation, gender identity or expression, military status, age, sex,
23 disability, marital status, or familial status of any individual who is
24 otherwise qualified for membership, to exclude or expel such individual
25 from membership, or to discriminate against such individual in the
26 terms, conditions and privileges of membership in such board.
27 (e) It shall be an unlawful discriminatory practice for the owner,
28 proprietor or managing agent of, or other person having the right to
29 provide care and services in, a private proprietary nursing home, conva-
30 lescent home, or home for adults, or an intermediate care facility, as
31 defined in section two of the social services law, heretofore
32 constructed, or to be constructed, or any agent or employee thereof, to
33 refuse to provide services and care in such home or facility to any
34 individual or to discriminate against any individual in the terms,
35 conditions, and privileges of such services and care solely because such
36 individual is a blind person. For purposes of this paragraph, a "blind
37 person" shall mean a person who is registered as a blind person with the
38 commission for the visually handicapped and who meets the definition of
39 a "blind person" pursuant to section three of chapter four hundred
40 fifteen of the laws of nineteen hundred thirteen entitled "An act to
41 establish a state commission for improving the condition of the blind of
42 the state of New York, and making an appropriation therefor".
43 (f) The provisions of this subdivision, as they relate to age, shall
44 not apply to persons under the age of eighteen years.
45 (g) It shall be an unlawful discriminatory practice for any person
46 offering or providing housing accommodations, land or commercial space
47 as described in paragraphs (a), (b), and (c) of this subdivision to make
48 or cause to be made any written or oral inquiry or record concerning
49 membership of any person in the state organized militia in relation to
50 the purchase, rental or lease of such housing accommodation, land, or
51 commercial space, provided, however, that nothing in this subdivision
52 shall prohibit a member of the state organized militia from voluntarily
53 disclosing such membership.
54 § 12. Paragraph (a) of subdivision 9 of section 296 of the executive
55 law, as amended by chapter 365 of the laws of 2015, is amended to read
56 as follows:
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1 (a) It shall be an unlawful discriminatory practice for any fire
2 department or fire company therein, through any member or members there-
3 of, officers, board of fire commissioners or other body or office having
4 power of appointment of volunteer firefighters, directly or indirectly,
5 by ritualistic practice, constitutional or by-law prescription, by tacit
6 agreement among its members, or otherwise, to deny to any individual
7 membership in any volunteer fire department or fire company therein, or
8 to expel or discriminate against any volunteer member of a fire depart-
9 ment or fire company therein, because of the race, creed, color,
10 national origin, sexual orientation, gender identity or expression,
11 military status, sex, marital status, or familial status, of such indi-
12 vidual.
13 § 13. Subdivision 13 of section 296 of the executive law, as amended
14 by chapter 365 of the laws of 2015, is amended to read as follows:
15 13. It shall be an unlawful discriminatory practice (i) for any person
16 to boycott or blacklist, or to refuse to buy from, sell to or trade
17 with, or otherwise discriminate against any person, because of the race,
18 creed, color, national origin, sexual orientation, gender identity or
19 expression, military status, sex, disability, or familial status, of
20 such person, or of such person's partners, members, stockholders, direc-
21 tors, officers, managers, superintendents, agents, employees, business
22 associates, suppliers or customers, or (ii) for any person wilfully to
23 do any act or refrain from doing any act which enables any such person
24 to take such action. This subdivision shall not apply to:
25 (a) Boycotts connected with labor disputes; or
26 (b) Boycotts to protest unlawful discriminatory practices.
27 § 14. Subdivisions 1, 2 and 3 of section 296-a of the executive law,
28 as amended by chapter 106 of the laws of 2003, are amended to read as
29 follows:
30 1. It shall be an unlawful discriminatory practice for any creditor or
31 any officer, agent or employee thereof:
32 a. In the case of applications for credit with respect to the
33 purchase, acquisition, construction, rehabilitation, repair or mainte-
34 nance of any housing accommodation, land or commercial space to discrim-
35 inate against any such applicant because of the race, creed, color,
36 national origin, sexual orientation, gender identity or expression,
37 military status, age, sex, marital status, disability, or familial
38 status of such applicant or applicants or any member, stockholder,
39 director, officer or employee of such applicant or applicants, or of the
40 prospective occupants or tenants of such housing accommodation, land or
41 commercial space, in the granting, withholding, extending or renewing,
42 or in the fixing of the rates, terms or conditions of, any such credit;
43 b. To discriminate in the granting, withholding, extending or renew-
44 ing, or in the fixing of the rates, terms or conditions of, any form of
45 credit, on the basis of race, creed, color, national origin, sexual
46 orientation, gender identity or expression, military status, age, sex,
47 marital status, disability, or familial status;
48 c. To use any form of application for credit or use or make any record
49 or inquiry which expresses, directly or indirectly, any limitation,
50 specification, or discrimination as to race, creed, color, national
51 origin, sexual orientation, gender identity or expression, military
52 status, age, sex, marital status, disability, or familial status;
53 d. To make any inquiry of an applicant concerning his or her capacity
54 to reproduce, or his or her use or advocacy of any form of birth control
55 or family planning;
A. 3358 10
1 e. To refuse to consider sources of an applicant's income or to
2 subject an applicant's income to discounting, in whole or in part,
3 because of an applicant's race, creed, color, national origin, sexual
4 orientation, gender identity or expression, military status, age, sex,
5 marital status, childbearing potential, disability, or familial status;
6 f. To discriminate against a married person because such person
7 neither uses nor is known by the surname of his or her spouse.
8 This paragraph shall not apply to any situation where the use of a
9 surname would constitute or result in a criminal act.
10 2. Without limiting the generality of subdivision one of this section,
11 it shall be considered discriminatory if, because of an applicant's or
12 class of applicants' race, creed, color, national origin, sexual orien-
13 tation, gender identity or expression, military status, age, sex, mari-
14 tal status or disability, or familial status, (i) an applicant or class
15 of applicants is denied credit in circumstances where other applicants
16 of like overall credit worthiness are granted credit, or (ii) special
17 requirements or conditions, such as requiring co-obligors or reapplica-
18 tion upon marriage, are imposed upon an applicant or class of applicants
19 in circumstances where similar requirements or conditions are not
20 imposed upon other applicants of like overall credit worthiness.
21 3. It shall not be considered discriminatory if credit differen-
22 tiations or decisions are based upon factually supportable, objective
23 differences in applicants' overall credit worthiness, which may include
24 reference to such factors as current income, assets and prior credit
25 history of such applicants, as well as reference to any other relevant
26 factually supportable data; provided, however, that no creditor shall
27 consider, in evaluating the credit worthiness of an applicant, aggregate
28 statistics or assumptions relating to race, creed, color, national
29 origin, sexual orientation, gender identity or expression, military
30 status, sex, marital status or disability, or to the likelihood of any
31 group of persons bearing or rearing children, or for that reason receiv-
32 ing diminished or interrupted income in the future.
33 § 15. Paragraph (b) of subdivision 2 of section 296-b of the executive
34 law, as added by chapter 481 of the laws of 2010, is amended to read as
35 follows:
36 (b) Subject a domestic worker to unwelcome harassment based on gender,
37 race, religion, sexual orientation, gender identity or expression or
38 national origin, where such harassment has the purpose or effect of
39 unreasonably interfering with an individual's work performance by creat-
40 ing an intimidating, hostile, or offensive working environment.
41 § 16. Section 40-c of the civil rights law, as amended by chapter 2 of
42 the laws of 2002, is amended to read as follows:
43 § 40-c. Discrimination. 1. All persons within the jurisdiction of this
44 state shall be entitled to the equal protection of the laws of this
45 state or any subdivision thereof.
46 2. No person shall, because of race, creed, color, national origin,
47 sex, marital status, sexual orientation, gender identity or expression,
48 or disability, as such term is defined in section two hundred ninety-two
49 of the executive law, be subjected to any discrimination in his or her
50 civil rights, or to any harassment, as defined in section 240.25 of the
51 penal law, in the exercise thereof, by any other person or by any firm,
52 corporation or institution, or by the state or any agency or subdivision
53 of the state.
54 § 17. Paragraph (a) of subdivision 1 of section 313 of the education
55 law, as amended by chapter 2 of the laws of 2002, is amended to read as
56 follows:
A. 3358 11
1 (a) It is hereby declared to be the policy of the state that the Amer-
2 ican ideal of equality of opportunity requires that students, otherwise
3 qualified, be admitted to educational institutions and be given access
4 to all the educational programs and courses operated or provided by such
5 institutions without regard to race, color, sex, religion, creed, mari-
6 tal status, age, sexual orientation as defined in section two hundred
7 ninety-two of the executive law, gender identity or expression as
8 defined in section two hundred ninety-two of the executive law, or
9 national origin, except that, with regard to religious or denominational
10 educational institutions, students, otherwise qualified, shall have the
11 equal opportunity to attend therein without discrimination because of
12 race, color, sex, marital status, age, sexual orientation as defined in
13 section two hundred ninety-two of the executive law, gender identity or
14 expression as defined in section two hundred ninety-two of the executive
15 law, or national origin. It is a fundamental American right for members
16 of various religious faiths to establish and maintain educational insti-
17 tutions exclusively or primarily for students of their own religious
18 faith or to effectuate the religious principles in furtherance of which
19 they are maintained. Nothing herein contained shall impair or abridge
20 that right.
21 § 18. Subdivision 3 of section 313 of the education law, as amended by
22 chapter 2 of the laws of 2002, is amended to read as follows:
23 (3) Unfair educational practices. It shall be an unfair educational
24 practice for an educational institution after September fifteenth, nine-
25 teen hundred forty-eight:
26 (a) To exclude or limit or otherwise discriminate against any person
27 or persons seeking admission as students to such institution or to any
28 educational program or course operated or provided by such institution
29 because of race, religion, creed, sex, color, marital status, age, sexu-
30 al orientation as defined in section two hundred ninety-two of the exec-
31 utive law, gender identity or expression as defined in section two
32 hundred ninety-two of the executive law, or national origin; except that
33 nothing in this section shall be deemed to affect, in any way, the right
34 of a religious or denominational educational institution to select its
35 students exclusively or primarily from members of such religion or
36 denomination or from giving preference in such selection to such members
37 or to make such selection of its students as is calculated by such
38 institution to promote the religious principles for which it is estab-
39 lished or maintained. Nothing herein contained shall impair or abridge
40 the right of an independent institution, which establishes or maintains
41 a policy of educating persons of one sex exclusively, to admit students
42 of only one sex.
43 (b) To penalize any individual because he or she has initiated, testi-
44 fied, participated or assisted in any proceedings under this section.
45 (c) To accept any endowment or gift of money or property conditioned
46 upon teaching the doctrine of supremacy of any particular race.
47 (d) With respect to any individual who withdraws from attendance to
48 serve on active duty in the armed forces of the United States in time of
49 war, including any individual who withdrew from attendance on or after
50 August second, nineteen hundred ninety to serve on active duty in the
51 armed forces of the United States in the Persian Gulf conflict: (i) to
52 deny or limit the readmission of such individual to such institution or
53 to any educational program or course operated or provided by such insti-
54 tution because of such withdrawal from attendance or because of the
55 failure to complete any educational program or course due to such with-
56 drawal; (ii) to impose any academic penalty on such person because of
A. 3358 12
1 such withdrawal or because of the failure to complete any educational
2 program or course due to such withdrawal; (iii) to reduce or eliminate
3 any financial aid award granted to such individual which could not be
4 used, in whole or part, because of such withdrawal or because of the
5 failure to complete any educational program or course due to such with-
6 drawal; or (iv) to fail to provide a credit or refund of tuition and
7 fees paid by such individual for any semester, term or quarter not
8 completed because of such withdrawal or because of the failure to
9 complete any program or course due to such withdrawal.
10 (e) It shall not be an unfair educational practice for any educational
11 institution to use criteria other than race, religion, creed, sex,
12 color, marital status, age, sexual orientation as defined in section two
13 hundred ninety-two of the executive law, gender identity or expression
14 as defined in section two hundred ninety-two of the executive law, or
15 national origin in the admission of students to such institution or to
16 any of the educational programs and courses operated or provided by such
17 institution.
18 § 19. Section 485.00 of the penal law, as added by chapter 107 of the
19 laws of 2000, is amended to read as follows:
20 § 485.00 Legislative findings.
21 The legislature finds and determines as follows: criminal acts involv-
22 ing violence, intimidation and destruction of property based upon bias
23 and prejudice have become more prevalent in New York state in recent
24 years. The intolerable truth is that in these crimes, commonly and
25 justly referred to as "hate crimes", victims are intentionally selected,
26 in whole or in part, because of their race, color, national origin,
27 ancestry, gender, gender identity or expression, religion, religious
28 practice, age, disability or sexual orientation. Hate crimes do more
29 than threaten the safety and welfare of all citizens. They inflict on
30 victims incalculable physical and emotional damage and tear at the very
31 fabric of free society. Crimes motivated by invidious hatred toward
32 particular groups not only harm individual victims but send a powerful
33 message of intolerance and discrimination to all members of the group to
34 which the victim belongs. Hate crimes can and do intimidate and disrupt
35 entire communities and vitiate the civility that is essential to healthy
36 democratic processes. In a democratic society, citizens cannot be
37 required to approve of the beliefs and practices of others, but must
38 never commit criminal acts on account of them. Current law does not
39 adequately recognize the harm to public order and individual safety that
40 hate crimes cause. Therefore, our laws must be strengthened to provide
41 clear recognition of the gravity of hate crimes and the compelling
42 importance of preventing their recurrence.
43 Accordingly, the legislature finds and declares that hate crimes
44 should be prosecuted and punished with appropriate severity.
45 § 20. Subdivisions 1, 2 and 4 of section 485.05 of the penal law, as
46 added by chapter 107 of the laws of 2000, are amended to read as
47 follows:
48 1. A person commits a hate crime when he or she commits a specified
49 offense and either:
50 (a) intentionally selects the person against whom the offense is
51 committed or intended to be committed in whole or in substantial part
52 because of a belief or perception regarding the race, color, national
53 origin, ancestry, gender, gender identity or expression, religion, reli-
54 gious practice, age, disability or sexual orientation of a person,
55 regardless of whether the belief or perception is correct, or
A. 3358 13
1 (b) intentionally commits the act or acts constituting the offense in
2 whole or in substantial part because of a belief or perception regarding
3 the race, color, national origin, ancestry, gender, gender identity or
4 expression, religion, religious practice, age, disability or sexual
5 orientation of a person, regardless of whether the belief or perception
6 is correct.
7 2. Proof of race, color, national origin, ancestry, gender, gender
8 identity or expression, religion, religious practice, age, disability or
9 sexual orientation of the defendant, the victim or of both the defendant
10 and the victim does not, by itself, constitute legally sufficient
11 evidence satisfying the people's burden under paragraph (a) or (b) of
12 subdivision one of this section.
13 4. For purposes of this section:
14 (a) the term "age" means sixty years old or more;
15 (b) the term "disability" means a physical or mental impairment that
16 substantially limits a major life activity[.];
17 (c) the term "gender identity or expression" means a person's actual
18 or perceived gender-related identity, appearance, behavior, expression,
19 or other gender-related characteristic regardless of the sex assigned to
20 that person at birth, including, but not limited to, the status of being
21 transgender.
22 § 21. Subdivision 3 of section 240.30 of the penal law, as amended by
23 chapter 188 of the laws of 2014, is amended to read as follows:
24 3. With the intent to harass, annoy, threaten or alarm another person,
25 he or she strikes, shoves, kicks, or otherwise subjects another person
26 to physical contact, or attempts or threatens to do the same because of
27 a belief or perception regarding such person's race, color, national
28 origin, ancestry, gender, gender identity or expression, religion, reli-
29 gious practice, age, disability or sexual orientation, regardless of
30 whether the belief or perception is correct; or
31 § 22. The opening paragraph of section 240.31 of the penal law, as
32 amended by chapter 49 of the laws of 2006, is amended to read as
33 follows:
34 A person is guilty of aggravated harassment in the first degree when
35 with intent to harass, annoy, threaten or alarm another person, because
36 of a belief or perception regarding such person's race, color, national
37 origin, ancestry, gender, gender identity or expression, religion, reli-
38 gious practice, age, disability or sexual orientation, regardless of
39 whether the belief or perception is correct, he or she:
40 § 23. Section 240.00 of the penal law is amended by adding a new
41 subdivision 7 to read as follows:
42 7. "Gender identity or expression" means a person's actual or
43 perceived gender-related identity, appearance, behavior, expression, or
44 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 § 24. Paragraph (c) of subdivision 7 of section 200.50 of the criminal
48 procedure law, as amended by chapter 7 of the laws of 2007, is amended
49 to read as follows:
50 (c) in the case of any hate crime, as defined in section 485.05 of the
51 penal law, specifies, as applicable, that the defendant or defendants
52 intentionally selected the person against whom the offense was committed
53 or intended to be committed; or intentionally committed the act or acts
54 constituting the offense, in whole or in substantial part because of a
55 belief or perception regarding the race, color, national origin, ances-
A. 3358 14
1 try, gender, gender identity or expression, religion, religious prac-
2 tice, age, disability or sexual orientation of a person; and
3 § 25. This act shall take effect on the thirtieth day after it shall
4 have become a law; provided, however, that sections nineteen through
5 twenty-four of this act shall take effect on the first of November next
6 succeeding the date on which it shall have become a law.
