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S00720 Text:



 
                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.
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