S04172 Summary:

BILL NOS04172
 
SAME ASNo Same As
 
SPONSORKRUEGER
 
COSPNSRHARCKHAM
 
MLTSPNSR
 
Amd §§292, 291, 295, 296 & 296-a, Exec L; amd §40-c, Civ Rts L
 
Adds "pregnancy outcome" to the list of protected classes.
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S04172 Actions:

BILL NOS04172
 
02/03/2023REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
01/03/2024REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
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S04172 Committee Votes:

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S04172 Floor Votes:

There are no votes for this bill in this legislative session.
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S04172 Text:



 
                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.
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