STATE OF NEW YORK
________________________________________________________________________
7350
IN SENATE
January 9, 2018
___________
Introduced by Sen. MURPHY -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the executive law, the civil rights law, the education
law, the penal law and the criminal procedure law, in relation to
prohibiting discrimination based upon pregnancy, union membership,
military status, veteran or disabled veteran status; and to amend the
military law, in relation to making conforming changes
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 28, 29, 30 and 34 of section 292 of the execu-
2 tive law, subdivisions 28, 29 and 30 as added by chapter 106 of the laws
3 of 2003 and subdivision 34 as added by chapter 80 of the laws of 2009,
4 are amended to read as follows:
5 28. The term "military status" when used in this article means:
6 (a) a person's participation in the military service of the United
7 States or the military service of the state, including but not limited
8 to, the armed forces of the United States, the army national guard, the
9 air national guard, the New York naval militia, the New York guard, and
10 such additional forces as may be created by the federal or state govern-
11 ment as authorized by law[.
12 29. The term "reserve armed forces", when used in this article,
13 means];
14 (b) service in the reserve armed forces of the United States, includ-
15 ing service other than permanent, full-time service in the military
16 forces of the United States including but not limited to service in the
17 United States Army Reserve, the United States Naval Reserve, the United
18 States Marine Corps Reserve, the United States Air Force Reserve, or the
19 United States Coast Guard Reserve[.
20 30. The term "organized militia of the state", when used in this arti-
21 cle, means]; or
22 (c) service other than permanent, full-time service in the military
23 forces of the state of New York including but not limited to the New
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14160-01-8
S. 7350 2
1 York army national guard, the New York air national guard, the New York
2 naval militia and the New York guard.
3 29. The term "veteran or disabled status", when used in this article,
4 means a person, male or female, resident of this state, who served in
5 the active military, naval, or air service of the United States during a
6 period of war, or who has received a compensation rating from the United
7 States department of veterans affairs or from the United States depart-
8 ment of defense because of a service connected disability or who was a
9 recipient of the armed forces expeditionary medal, navy expeditionary
10 medal, marine corps expeditionary medal, or global war on terrorism
11 expeditionary medal, and who has been released from such service other-
12 wise than by dishonorable discharge.
13 30. The term "union membership", when used in this article, means a
14 person, male or female, resident of this state, who is a member of a
15 labor organization which exists and is constituted for the purpose, in
16 whole or in part, of collective bargaining, or of dealing with employers
17 concerning grievances, terms of conditions of employment or of other
18 mutual aid or protection and which is not a company union as defined in
19 section seven hundred one of the labor law.
20 [34] 31. The term "domestic violence victim", when used in this arti-
21 cle, means an individual who is a victim of an act which would consti-
22 tute a family offense pursuant to subdivision one of section eight
23 hundred twelve of the family court act.
24 § 2. Subdivisions 1 and 2 of section 291 of the executive law, as
25 amended by chapter 196 of the laws of 2010, are amended to read as
26 follows:
27 1. The opportunity to obtain employment without discrimination because
28 of age, race, creed, color, national origin, sexual orientation, preg-
29 nancy, union membership, military status, veteran or disabled veteran
30 status, sex, marital status, or disability, is hereby recognized as and
31 declared to be a civil right.
32 2. The opportunity to obtain education, the use of places of public
33 accommodation and the ownership, use and occupancy of housing accommo-
34 dations and commercial space without discrimination because of age,
35 race, creed, color, national origin, sexual orientation, pregnancy,
36 union membership, military status, veteran or disabled veteran status,
37 sex, marital status, or disability, as specified in section two hundred
38 ninety-six of this article, is hereby recognized as and declared to be a
39 civil right.
40 § 3. Subdivisions 8 and 9 of section 295 of the executive law, as
41 amended by chapter 106 of the laws of 2003, are amended to read as
42 follows:
43 8. To create such advisory councils, local, regional or state-wide, as
44 in its judgment will aid in effectuating the purposes of this article
45 and of section eleven of article one of the constitution of this state,
46 and the division may empower them to study the problems of discrimi-
47 nation in all or specific fields of human relationships or in specific
48 instances of discrimination because of age, race, creed, color, national
49 origin, sexual orientation, pregnancy, union membership, military
50 status, veteran or disabled veteran status, sex, disability or marital
51 status and make recommendations to the division for the development of
52 policies and procedures in general and in specific instances. The advi-
53 sory councils also shall disseminate information about the division's
54 activities to organizations and individuals in their localities. Such
55 advisory councils shall be composed of representative citizens, serving
56 without pay, but with reimbursement for actual and necessary traveling
S. 7350 3
1 expenses; and the division may make provision for technical and clerical
2 assistance to such councils and for the expenses of such assistance.
3 9. To develop human rights plans and policies for the state and assist
4 in their execution and to make investigations and studies appropriate to
5 effectuate this article and to issue such publications and such results
6 of investigations and research as in its judgement will tend to inform
7 persons of the rights assured and remedies provided under this article,
8 to promote good-will and minimize or eliminate discrimination because of
9 age, race, creed, color, national origin, sexual orientation, pregnancy,
10 union membership, military status, veteran or disabled veteran status,
11 sex, disability or marital status.
12 § 4. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section 296
13 of the executive law, as amended by chapter 365 of the laws of 2015, are
14 amended to read as follows:
15 (a) For an employer or licensing agency, because of an individual's
16 age, race, creed, color, national origin, sexual orientation, pregnancy,
17 union membership, military status, veteran or disabled veteran status,
18 sex, disability, predisposing genetic characteristics, familial status,
19 marital status, or domestic violence victim status, to refuse to hire or
20 employ or to bar or to discharge from employment such individual or to
21 discriminate against such individual in compensation or in terms, condi-
22 tions or privileges of employment.
23 (b) For an employment agency to discriminate against any individual
24 because of age, race, creed, color, national origin, sexual orientation,
25 pregnancy, union membership, military status, veteran or disabled veter-
26 an status, sex, disability, predisposing genetic characteristics, fami-
27 lial status, or marital status, in receiving, classifying, disposing or
28 otherwise acting upon applications for its services or in referring an
29 applicant or applicants to an employer or employers.
30 (c) For a labor organization, because of the age, race, creed, color,
31 national origin, sexual orientation, pregnancy, union membership, mili-
32 tary status, veteran or disabled veteran status, sex, disability,
33 predisposing genetic characteristics, familial status, or marital status
34 of any individual, to exclude or to expel from its membership such indi-
35 vidual or to discriminate in any way against any of its members or
36 against any employer or any individual employed by an employer.
37 (d) For any employer or employment agency to print or circulate or
38 cause to be printed or circulated any statement, advertisement or publi-
39 cation, or to use any form of application for employment or to make any
40 inquiry in connection with prospective employment, which expresses
41 directly or indirectly, any limitation, specification or discrimination
42 as to age, race, creed, color, national origin, sexual orientation,
43 pregnancy, union membership, military status, veteran or disabled veter-
44 an status, sex, disability, predisposing genetic characteristics, fami-
45 lial status, or marital status, or any intent to make any such limita-
46 tion, specification or discrimination, unless based upon a bona fide
47 occupational qualification; provided, however, that neither this para-
48 graph nor any provision of this chapter or other law shall be construed
49 to prohibit the department of civil service or the department of person-
50 nel of any city containing more than one county from requesting informa-
51 tion from applicants for civil service examinations concerning any of
52 the aforementioned characteristics, other than sexual orientation, for
53 the purpose of conducting studies to identify and resolve possible prob-
54 lems in recruitment and testing of members of minority groups to insure
55 the fairest possible and equal opportunities for employment in the civil
56 service for all persons, regardless of age, race, creed, color, national
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1 origin, sexual orientation, pregnancy, union membership, military
2 status, veteran or disabled veteran status, sex, disability, predispos-
3 ing genetic characteristics, familial status, or marital status.
4 § 5. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of
5 the executive law, as amended by chapter 365 of the laws of 2015, are
6 amended to read as follows:
7 (b) To deny to or withhold from any person because of race, creed,
8 color, national origin, sexual orientation, pregnancy, union membership,
9 military status, veteran or disabled veteran status, sex, age, disabili-
10 ty, familial status, or marital status, the right to be admitted to or
11 participate in a guidance program, an apprenticeship training program,
12 on-the-job training program, executive training program, or other occu-
13 pational training or retraining program;
14 (c) To discriminate against any person in his or her pursuit of such
15 programs or to discriminate against such a person in the terms, condi-
16 tions or privileges of such programs because of race, creed, color,
17 national origin, sexual orientation, pregnancy, union membership, mili-
18 tary status, veteran or disabled veteran status, sex, age, disability,
19 familial status or marital status;
20 (d) To print or circulate or cause to be printed or circulated any
21 statement, advertisement or publication, or to use any form of applica-
22 tion for such programs or to make any inquiry in connection with such
23 program which expresses, directly or indirectly, any limitation, spec-
24 ification or discrimination as to race, creed, color, national origin,
25 sexual orientation, pregnancy, union membership, military status, veter-
26 an or disabled veteran status, sex, age, disability, familial status or
27 marital status, or any intention to make any such limitation, specifica-
28 tion or discrimination, unless based on a bona fide occupational quali-
29 fication.
30 § 6. 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 pregnancy, union membership, military status, veteran or disabled veter-
38 an status, sex, [or] disability or marital status of any person, direct-
39 ly or indirectly, to refuse, withhold from or deny to such person any of
40 the accommodations, advantages, facilities or privileges thereof,
41 including the extension of credit, or, directly or indirectly, to
42 publish, circulate, issue, display, post or mail any written or printed
43 communication, notice or advertisement, to the effect that any of the
44 accommodations, advantages, facilities and privileges of any such place
45 shall be refused, withheld from or denied to any person on account of
46 race, creed, color, national origin, sexual orientation, pregnancy,
47 union membership, military status, veteran or disabled veteran status,
48 sex, [or] disability or marital status, or that the patronage or custom
49 thereat of any person of or purporting to be of any particular race,
50 creed, color, national origin, sexual orientation, pregnancy, union
51 membership, military status, veteran or disabled veteran status, sex or
52 marital status, or having a disability is unwelcome, objectionable or
53 not acceptable, desired or solicited.
54 § 7. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
55 296 of the executive law, paragraphs (a), (b) and (c) as amended and
S. 7350 5
1 paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended
2 to read as follows:
3 (a) To refuse to sell, rent or lease or otherwise to deny to or with-
4 hold from any person or group of persons such housing accommodations
5 because of the race, creed, color, disability, national origin, sexual
6 orientation, pregnancy, union membership, military status, veteran or
7 disabled veteran status, age, sex, marital status, or familial status of
8 such person or persons, or to represent that any housing accommodation
9 or land is not available for inspection, sale, rental or lease when in
10 fact it is so available.
11 (b) To discriminate against any person because of his or her race,
12 creed, color, disability, national origin, sexual orientation, pregnan-
13 cy, union membership, military status, veteran or disabled veteran
14 status, age, sex, marital status, or familial status in the terms,
15 conditions or privileges of any publicly-assisted housing accommodations
16 or in the furnishing of facilities or services in connection therewith.
17 (c) To cause to be made any written or oral inquiry or record concern-
18 ing the race, creed, color, disability, national origin, sexual orien-
19 tation, [membership in the reserve armed forces of the United States or
20 in the organized militia of the state] pregnancy, union membership,
21 military status, veteran or disabled veteran status, age, sex, marital
22 status, or familial status of a person seeking to rent or lease any
23 publicly-assisted housing accommodation; provided, however, that nothing
24 in this subdivision shall prohibit a member of the reserve armed forces
25 of the United States or in the organized militia of the state from
26 voluntarily disclosing such membership.
27 (c-1) 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 housing accommodation or
30 to make any record or inquiry in connection with the prospective
31 purchase, rental or lease of such a housing accommodation which
32 expresses, directly or indirectly, any limitation, specification or
33 discrimination as to race, creed, color, national origin, sexual orien-
34 tation, pregnancy, union membership, military status, veteran or disa-
35 bled veteran status, sex, age, disability, marital status, or familial
36 status, or any intent to make any such limitation, specification or
37 discrimination.
38 § 8. Subdivision 3-b of section 296 of the executive law, as amended
39 by chapter 106 of the laws of 2003, is amended to read as follows:
40 3-b. It shall be an unlawful discriminatory practice for any real
41 estate broker, real estate salesperson or employee or agent thereof or
42 any other individual, corporation, partnership or organization for the
43 purpose of inducing a real estate transaction from which any such person
44 or any of its stockholders or members may benefit financially, to repre-
45 sent that a change has occurred or will or may occur in the composition
46 with respect to race, creed, color, national origin, sexual orientation,
47 pregnancy, union membership, military status, veteran or disabled veter-
48 an status, sex, disability, marital status, or familial status of the
49 owners or occupants in the block, neighborhood or area in which the real
50 property is located, and to represent, directly or indirectly, that this
51 change will or may result in undesirable consequences in the block,
52 neighborhood or area in which the real property is located, including
53 but not limited to the lowering of property values, an increase in crim-
54 inal or anti-social behavior, or a decline in the quality of schools or
55 other facilities.
S. 7350 6
1 § 9. Subdivision 4 of section 296 of the executive law, as amended by
2 chapter 106 of the laws of 2003, is amended to read as follows:
3 4. It shall be an unlawful discriminatory practice for an education
4 corporation or association which holds itself out to the public to be
5 non-sectarian and exempt from taxation pursuant to the provisions of
6 article four of the real property tax law to deny the use of its facili-
7 ties to any person otherwise qualified, or to permit the harassment of
8 any student or applicant, by reason of his race, color, religion, disa-
9 bility, national origin, sexual orientation, pregnancy, union member-
10 ship, military status, veteran or disabled veteran status, sex, age or
11 marital status, except that any such institution which establishes or
12 maintains a policy of educating persons of one sex exclusively may admit
13 students of only one sex.
14 § 10. Subdivision 5 of section 296 of the executive law, as amended by
15 chapter 106 of the laws of 2003, is amended to read as follows:
16 5. (a) It shall be an unlawful discriminatory practice for the owner,
17 lessee, sub-lessee, assignee, or managing agent of, or other person
18 having the right to sell, rent or lease a housing accommodation,
19 constructed or to be constructed, or any agent or employee thereof:
20 (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
21 from any person or group of persons such a housing accommodation because
22 of the race, creed, color, national origin, sexual orientation, pregnan-
23 cy, union membership, military status, veteran or disabled veteran
24 status, sex, age, disability, marital status, or familial status of such
25 person or persons, or to represent that any housing accommodation or
26 land is not available for inspection, sale, rental or lease when in fact
27 it is so available.
28 (2) To discriminate against any person because of race, creed, color,
29 national origin, sexual orientation, pregnancy, union membership, mili-
30 tary status, veteran or disabled veteran status, sex, age, disability,
31 marital status, or familial status in the terms, conditions or privi-
32 leges of the sale, rental or lease of any such housing accommodation or
33 in the furnishing of facilities or services in connection therewith.
34 (3) To print or circulate or cause to be printed or circulated any
35 statement, advertisement or publication, or to use any form of applica-
36 tion for the purchase, rental or lease of such housing accommodation or
37 to make any record or inquiry in connection with the prospective
38 purchase, rental or lease of such a housing accommodation which
39 expresses, directly or indirectly, any limitation, specification or
40 discrimination as to race, creed, color, national origin, sexual orien-
41 tation, pregnancy, union membership, military status, veteran or disa-
42 bled veteran status, sex, age, disability, marital status, or familial
43 status, or any intent to make any such limitation, specification or
44 discrimination.
45 The provisions of this paragraph [(a)] shall not apply (1) to the
46 rental of a housing accommodation in a building which contains housing
47 accommodations for not more than two families living independently of
48 each other, if the owner resides in one of such housing accommodations,
49 (2) to the restriction of the rental of all rooms in a housing accommo-
50 dation to individuals of the same sex or (3) to the rental of a room or
51 rooms in a housing accommodation, if such rental is by the occupant of
52 the housing accommodation or by the owner of the housing accommodation
53 and the owner resides in such housing accommodation or (4) solely with
54 respect to age and familial status to the restriction of the sale,
55 rental or lease of housing accommodations exclusively to persons sixty-
56 two years of age or older and the spouse of any such person, or for
S. 7350 7
1 housing intended and operated for occupancy by at least one person
2 fifty-five years of age or older per unit. In determining whether hous-
3 ing is intended and operated for occupancy by persons fifty-five years
4 of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
5 federal Fair Housing Act of 1988, as amended, shall apply.
6 (b) It shall be an unlawful discriminatory practice for the owner,
7 lessee, sub-lessee, or managing agent of, or other person having the
8 right of ownership or possession of or the right to sell, rent or lease,
9 land or commercial space:
10 (1) To refuse to sell, rent, lease or otherwise deny to or withhold
11 from any person or group of persons land or commercial space because of
12 the race, creed, color, national origin, sexual orientation, pregnancy,
13 union membership, military status, veteran or disabled veteran status,
14 sex, age, disability, marital status, or familial status of such person
15 or persons, or to represent that any housing accommodation or land is
16 not available for inspection, sale, rental or lease when in fact it is
17 so available;
18 (2) To discriminate against any person because of race, creed, color,
19 national origin, sexual orientation, pregnancy, union membership, mili-
20 tary status, veteran or disabled veteran status, sex, age, disability,
21 marital status, or familial status in the terms, conditions or privi-
22 leges of the sale, rental or lease of any such land or commercial space;
23 or in the furnishing of facilities or services in connection therewith;
24 (3) To print or circulate or cause to be printed or circulated any
25 statement, advertisement or publication, or to use any form of applica-
26 tion for the purchase, rental or lease of such land or commercial space
27 or to make any record or inquiry in connection with the prospective
28 purchase, rental or lease of such land or commercial space which
29 expresses, directly or indirectly, any limitation, specification or
30 discrimination as to race, creed, color, national origin, sexual orien-
31 tation, pregnancy, union membership, military status, veteran or disa-
32 bled veteran status, sex, age, disability, marital status, or familial
33 status; or any intent to make any such limitation, specification or
34 discrimination.
35 (4) With respect to age and familial status, the provisions of this
36 paragraph shall not apply to the restriction of the sale, rental or
37 lease of land or commercial space exclusively to persons fifty-five
38 years of age or older and the spouse of any such person, or to the
39 restriction of the sale, rental or lease of land to be used for the
40 construction, or location of housing accommodations exclusively for
41 persons sixty-two years of age or older, or intended and operated for
42 occupancy by at least one person fifty-five years of age or older per
43 unit. In determining whether housing is intended and operated for occu-
44 pancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c)
45 (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as
46 amended, shall apply.
47 (c) It shall be an unlawful discriminatory practice for any real
48 estate broker, real estate salesperson or employee or agent thereof:
49 (1) To refuse to sell, rent or lease any housing accommodation, land
50 or commercial space to any person or group of persons or to refuse to
51 negotiate for the sale, rental or lease, of any housing accommodation,
52 land or commercial space to any person or group of persons because of
53 the race, creed, color, national origin, sexual orientation, pregnancy,
54 union membership, military status, veteran or disabled veteran status,
55 sex, age, disability, marital status, or familial status of such person
56 or persons, or to represent that any housing accommodation, land or
S. 7350 8
1 commercial space is not available for inspection, sale, rental or lease
2 when in fact it is so available, or otherwise to deny or withhold any
3 housing accommodation, land or commercial space or any facilities of any
4 housing accommodation, land or commercial space from any person or group
5 of persons because of the race, creed, color, national origin, sexual
6 orientation, pregnancy, union membership, military status, veteran or
7 disabled veteran status, sex, age, disability, marital status, or fami-
8 lial status of such person or persons.
9 (2) To print or circulate or cause to be printed or circulated any
10 statement, advertisement or publication, or to use any form of applica-
11 tion for the purchase, rental or lease of any housing accommodation,
12 land or commercial space or to make any record or inquiry in connection
13 with the prospective purchase, rental or lease of any housing accommo-
14 dation, land or commercial space which expresses, directly or indirect-
15 ly, any limitation, specification, or discrimination as to race, creed,
16 color, national origin, sexual orientation, pregnancy, union membership,
17 military status, veteran or disabled veteran status, sex, age, disabili-
18 ty, marital status, or familial status; or any intent to make any such
19 limitation, specification or discrimination.
20 (3) With respect to age and familial status, the provisions of this
21 paragraph shall not apply to the restriction of the sale, rental or
22 lease of any housing accommodation, land or commercial space exclusively
23 to persons fifty-five years of age or older and the spouse of any such
24 person, or to the restriction of the sale, rental or lease of any hous-
25 ing accommodation or land to be used for the construction or location of
26 housing accommodations for persons sixty-two years of age or older, or
27 intended and operated for occupancy by at least one person fifty-five
28 years of age or older per unit. In determining whether housing is
29 intended and operated for occupancy by persons fifty-five years of age
30 or older, Sec. 807 (b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
31 federal Fair Housing Act of 1988, as amended, shall apply.
32 (d) It shall be an unlawful discriminatory practice for any real
33 estate board, because of the race, creed, color, national origin, sexual
34 orientation, pregnancy, union membership, military status, veteran or
35 disabled veteran status, age, sex, disability, marital status, or fami-
36 lial status of any individual who is otherwise qualified for membership,
37 to exclude or expel such individual from membership, or to discriminate
38 against such individual in the terms, conditions and privileges of
39 membership in such board.
40 (e) It shall be an unlawful discriminatory practice for the owner,
41 proprietor or managing agent of, or other person having the right to
42 provide care and services in, a private proprietary nursing home, conva-
43 lescent home, or home for adults, or an intermediate care facility, as
44 defined in section two of the social services law, heretofore
45 constructed, or to be constructed, or any agent or employee thereof, to
46 refuse to provide services and care in such home or facility to any
47 individual or to discriminate against any individual in the terms,
48 conditions, and privileges of such services and care solely because such
49 individual is a blind person. For purposes of this paragraph, a "blind
50 person" shall mean a person who is registered as a blind person with the
51 commission for the visually handicapped and who meets the definition of
52 a "blind person" pursuant to section three of chapter four hundred
53 fifteen of the laws of nineteen hundred thirteen entitled "An act to
54 establish a state commission for improving the condition of the blind of
55 the state of New York, and making an appropriation therefor".
S. 7350 9
1 (f) The provisions of this subdivision, as they relate to age, shall
2 not apply to persons under the age of eighteen years.
3 (g) It shall be an unlawful discriminatory practice for any person
4 offering or providing housing accommodations, land or commercial space
5 as described in paragraphs (a), (b), and (c) of this subdivision to make
6 or cause to be made any written or oral inquiry or record concerning
7 membership of any person in the state organized militia in relation to
8 the purchase, rental or lease of such housing accommodation, land, or
9 commercial space, provided, however, that nothing in this subdivision
10 shall prohibit a member of the state organized militia from voluntarily
11 disclosing such membership.
12 § 11. Paragraph (a) of subdivision 9 of section 296 of the executive
13 law, as amended by chapter 365 of the laws of 2015, is amended to read
14 as follows:
15 (a) It shall be an unlawful discriminatory practice for any fire
16 department or fire company therein, through any member or members there-
17 of, officers, board of fire commissioners or other body or office having
18 power of appointment of volunteer firefighters, directly or indirectly,
19 by ritualistic practice, constitutional or by-law prescription, by tacit
20 agreement among its members, or otherwise, to deny to any individual
21 membership in any volunteer fire department or fire company therein, or
22 to expel or discriminate against any volunteer member of a fire depart-
23 ment or fire company therein, because of the race, creed, color,
24 national origin, sexual orientation, pregnancy, union membership, mili-
25 tary status, veteran or disabled veteran status, sex, marital status, or
26 familial status, of such individual.
27 § 12. Subdivision 13 of section 296 of the executive law, as amended
28 by chapter 365 of the laws of 2015, is amended to read as follows:
29 13. It shall be an unlawful discriminatory practice (i) for any person
30 to boycott or blacklist, or to refuse to buy from, sell to or trade
31 with, or otherwise discriminate against any person, because of the race,
32 creed, color, national origin, sexual orientation, pregnancy, union
33 membership, military status, veteran or disabled veteran status, sex,
34 disability, or familial status, of such person, or of such person's
35 partners, members, stockholders, directors, officers, managers, super-
36 intendents, agents, employees, business associates, suppliers or custom-
37 ers, or (ii) for any person [wilfully] willfully to do any act or
38 refrain from doing any act which enables any such person to take such
39 action. This subdivision shall not apply to:
40 (a) Boycotts connected with labor disputes; or
41 (b) Boycotts to protest unlawful discriminatory practices.
42 § 13. Subdivisions 1, 2 and 3 of section 296-a of the executive law,
43 as amended by chapter 106 of the laws of 2003, are amended to read as
44 follows:
45 1. It shall be an unlawful discriminatory practice for any creditor or
46 any officer, agent or employee thereof:
47 a. In the case of applications for credit with respect to the
48 purchase, acquisition, construction, rehabilitation, repair or mainte-
49 nance of any housing accommodation, land or commercial space to discrim-
50 inate against any such applicant because of the race, creed, color,
51 national origin, sexual orientation, pregnancy, union membership, mili-
52 tary status, veteran or disabled veteran status, age, sex, marital
53 status, disability, or familial status of such applicant or applicants
54 or any member, stockholder, director, officer or employee of such appli-
55 cant or applicants, or of the prospective occupants or tenants of such
56 housing accommodation, land or commercial space, in the granting, with-
S. 7350 10
1 holding, extending or renewing, or in the fixing of the rates, terms or
2 conditions of, any such credit;
3 b. To discriminate in the granting, withholding, extending or renew-
4 ing, or in the fixing of the rates, terms or conditions of, any form of
5 credit, on the basis of race, creed, color, national origin, sexual
6 orientation, pregnancy, union membership, military status, veteran or
7 disabled veteran status, age, sex, marital status, disability, or fami-
8 lial status;
9 c. To use any form of application for credit or use or make any record
10 or inquiry which expresses, directly or indirectly, any limitation,
11 specification, or discrimination as to race, creed, color, national
12 origin, sexual orientation, pregnancy, union membership, military
13 status, veteran or disabled veteran status, age, sex, marital status,
14 disability, or familial status;
15 d. To make any inquiry of an applicant concerning his or her capacity
16 to reproduce, or his or her use or advocacy of any form of birth control
17 or family planning;
18 e. To refuse to consider sources of an applicant's income or to
19 subject an applicant's income to discounting, in whole or in part,
20 because of an applicant's race, creed, color, national origin, sexual
21 orientation, pregnancy, union membership, military status, veteran or
22 disabled veteran status, age, sex, marital status, childbearing poten-
23 tial, disability, or familial status;
24 f. To discriminate against a married person because such person
25 neither uses nor is known by the surname of his or her spouse.
26 This paragraph shall not apply to any situation where the use of a
27 surname would constitute or result in a criminal act.
28 2. Without limiting the generality of subdivision one of this section,
29 it shall be considered discriminatory if, because of an applicant's or
30 class of applicants' race, creed, color, national origin, sexual orien-
31 tation, pregnancy, union membership, military status, veteran or disa-
32 bled veteran status, age, sex, marital status or disability, or familial
33 status, (i) an applicant or class of applicants is denied credit in
34 circumstances where other applicants of like overall credit worthiness
35 are granted credit, or (ii) special requirements or conditions, such as
36 requiring co-obligors or reapplication upon marriage, are imposed upon
37 an applicant or class of applicants in circumstances where similar
38 requirements or conditions are not imposed upon other applicants of like
39 overall credit worthiness.
40 3. It shall not be considered discriminatory if credit differen-
41 tiations or decisions are based upon factually supportable, objective
42 differences in applicants' overall credit worthiness, which may include
43 reference to such factors as current income, assets and prior credit
44 history of such applicants, as well as reference to any other relevant
45 factually supportable data; provided, however, that no creditor shall
46 consider, in evaluating the credit worthiness of an applicant, aggregate
47 statistics or assumptions relating to race, creed, color, national
48 origin, sexual orientation, pregnancy, union membership, military
49 status, veteran or disabled veteran status, sex, marital status or disa-
50 bility, or to the likelihood of any group of persons bearing or rearing
51 children, or for that reason receiving diminished or interrupted income
52 in the future.
53 § 14. Paragraph (b) of subdivision 2 of section 296-b of the executive
54 law, as added by chapter 481 of the laws of 2010, is amended to read as
55 follows:
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1 (b) Subject a domestic worker to unwelcome harassment based on gender,
2 race, religion, sexual orientation, pregnancy, union membership, mili-
3 tary status, veteran or disabled veteran status or national origin,
4 where such harassment has the purpose or effect of unreasonably inter-
5 fering with an individual's work performance by creating an intimidat-
6 ing, hostile, or offensive working environment.
7 § 15. Subdivision 2 of section 40-c of the civil rights law, as
8 amended by chapter 2 of the laws of 2002, is amended to read as follows:
9 2. No person shall, because of race, creed, color, national origin,
10 sex, marital status, sexual orientation, pregnancy, union membership,
11 military status, veteran or disabled veteran status, or disability, as
12 such term is defined in section two hundred ninety-two of the executive
13 law, be subjected to any discrimination in his or her civil rights, or
14 to any harassment, as defined in section 240.25 of the penal law, in the
15 exercise thereof, by any other person or by any firm, corporation or
16 institution, or by the state or any agency or subdivision of the state.
17 § 16. Paragraph (a) of subdivision 1 of section 313 of the education
18 law, as amended by chapter 2 of the laws of 2002, is amended to read as
19 follows:
20 (a) It is hereby declared to be the policy of the state that the Amer-
21 ican ideal of equality of opportunity requires that students, otherwise
22 qualified, be admitted to educational institutions and be given access
23 to all the educational programs and courses operated or provided by such
24 institutions without regard to race, color, sex, religion, creed, mari-
25 tal status, age, sexual orientation as defined in section two hundred
26 ninety-two of the executive law, pregnancy, union membership as defined
27 in section two hundred ninety-two of the executive law, military status,
28 veteran or disabled veteran status as defined in section two hundred
29 ninety-two of the executive law or national origin, except that, with
30 regard to religious or denominational educational institutions,
31 students, otherwise qualified, shall have the equal opportunity to
32 attend therein without discrimination because of race, color, sex, mari-
33 tal status, age, sexual orientation as defined in section two hundred
34 ninety-two of the executive law, pregnancy, union membership as defined
35 in section two hundred ninety-two of the executive law, military status,
36 veteran or disabled veteran status as defined in section two hundred
37 ninety-two of the executive law or national origin. It is a fundamental
38 American right for members of various religious faiths to establish and
39 maintain educational institutions exclusively or primarily for students
40 of their own religious faith or to effectuate the religious principles
41 in furtherance of which they are maintained. Nothing herein contained
42 shall impair or abridge that right.
43 § 17. Paragraphs (a) and (e) of subdivision 3 of section 313 of the
44 education law, as amended by chapter 2 of the laws of 2002, are amended
45 to read as follows:
46 (a) To exclude or limit or otherwise discriminate against any person
47 or persons seeking admission as students to such institution or to any
48 educational program or course operated or provided by such institution
49 because of race, religion, creed, sex, color, marital status, age, sexu-
50 al orientation as defined in section two hundred ninety-two of the exec-
51 utive law, pregnancy, union membership as defined in section two hundred
52 ninety-two of the executive law, military status, veteran or disabled
53 veteran status as defined in section two hundred ninety-two of the exec-
54 utive law, or national origin; except that nothing in this section shall
55 be deemed to affect, in any way, the right of a religious or denomina-
56 tional educational institution to select its students exclusively or
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1 primarily from members of such religion or denomination or from giving
2 preference in such selection to such members or to make such selection
3 of its students as is calculated by such institution to promote the
4 religious principles for which it is established or maintained. Nothing
5 herein contained shall impair or abridge the right of an independent
6 institution, which establishes or maintains a policy of educating
7 persons of one sex exclusively, to admit students of only one sex.
8 (e) It shall not be an unfair educational practice for any educational
9 institution to use criteria other than race, religion, creed, sex,
10 color, marital status, age, sexual orientation as defined in section two
11 hundred ninety-two of the executive law, pregnancy, union membership as
12 defined in section two hundred ninety-two of the executive law, military
13 status, veteran or disabled veteran status as defined in section two
14 hundred ninety-two of the executive law or national origin in the admis-
15 sion of students to such institution or to any of the educational
16 programs and courses operated or provided by such institution.
17 § 18. Section 485.00 of the penal law, as added by chapter 107 of the
18 laws of 2000, is amended to read as follows:
19 § 485.00 Legislative findings.
20 The legislature finds and determines as follows: criminal acts involv-
21 ing violence, intimidation and destruction of property based upon bias
22 and prejudice have become more prevalent in New York state in recent
23 years. The intolerable truth is that in these crimes, commonly and
24 justly referred to as "hate crimes", victims are intentionally selected,
25 in whole or in part, because of their race, color, national origin,
26 ancestry, gender, pregnancy, union membership, military status, veteran
27 or disabled veteran status, religion, religious practice, age, disabili-
28 ty or sexual orientation. Hate crimes do more than threaten the safety
29 and welfare of all citizens. They inflict on victims incalculable phys-
30 ical and emotional damage and tear at the very fabric of free society.
31 Crimes motivated by invidious hatred toward particular groups not only
32 harm individual victims but send a powerful message of intolerance and
33 discrimination to all members of the group to which the victim belongs.
34 Hate crimes can and do intimidate and disrupt entire communities and
35 vitiate the civility that is essential to healthy democratic processes.
36 In a democratic society, citizens cannot be required to approve of the
37 beliefs and practices of others, but must never commit criminal acts on
38 account of them. Current law does not adequately recognize the harm to
39 public order and individual safety that hate crimes cause. Therefore,
40 our laws must be strengthened to provide clear recognition of the gravi-
41 ty of hate crimes and the compelling importance of preventing their
42 recurrence.
43 Accordingly, the legislature finds and declares that hate crimes
44 should be prosecuted and punished with appropriate severity.
45 § 19. Subdivisions 1 and 2 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, pregnancy, union membership, military status,
54 veteran or disabled veteran status, religion, religious practice, age,
55 disability or sexual orientation of a person, regardless of whether the
56 belief or perception is correct, or
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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, pregnancy, union
4 membership, military status, veteran or disabled veteran status, reli-
5 gion, religious practice, age, disability or sexual orientation of a
6 person, regardless of whether the belief or perception is correct.
7 2. Proof of race, color, national origin, ancestry, gender, pregnancy,
8 union membership, military status, veteran or disabled veteran status,
9 religion, religious practice, age, disability or sexual orientation of
10 the defendant, the victim or of both the defendant and the victim does
11 not, by itself, constitute legally sufficient evidence satisfying the
12 people's burden under paragraph (a) or (b) of subdivision one of this
13 section.
14 § 20. Subdivision 3 of section 240.30 of the penal law, as amended by
15 chapter 188 of the laws of 2014, is amended to read as follows:
16 3. With the intent to harass, annoy, threaten or alarm another person,
17 he or she strikes, shoves, kicks, or otherwise subjects another person
18 to physical contact, or attempts or threatens to do the same because of
19 a belief or perception regarding such person's race, color, national
20 origin, ancestry, gender, pregnancy, union membership, military status,
21 veteran or disabled veteran status, religion, religious practice, age,
22 disability or sexual orientation, regardless of whether the belief or
23 perception is correct; or
24 § 21. The opening paragraph of section 240.31 of the penal law, as
25 amended by chapter 49 of the laws of 2006, is amended to read as
26 follows:
27 A person is guilty of aggravated harassment in the first degree when
28 with intent to harass, annoy, threaten or alarm another person, because
29 of a belief or perception regarding such person's race, color, national
30 origin, ancestry, gender, pregnancy, union membership, military status,
31 veteran or disabled veteran status, religion, religious practice, age,
32 disability or sexual orientation, regardless of whether the belief or
33 perception is correct, he or she:
34 § 22. Paragraph (c) of subdivision 7 of section 200.50 of the criminal
35 procedure law, as amended by chapter 7 of the laws of 2007, is amended
36 to read as follows:
37 (c) in the case of any hate crime, as defined in section 485.05 of the
38 penal law, specifies, as applicable, that the defendant or defendants
39 intentionally selected the person against whom the offense was committed
40 or intended to be committed; or intentionally committed the act or acts
41 constituting the offense, in whole or in substantial part because of a
42 belief or perception regarding the race, color, national origin, ances-
43 try, gender, pregnancy, union membership, military status, veteran or
44 disabled veteran status, religion, religious practice, age, disability
45 or sexual orientation of a person; and
46 § 23. Subdivisions 2 and 3 of section 243-b of the military law, as
47 amended by chapter 404 of the laws of 2015, are amended to read as
48 follows:
49 2. Notwithstanding any other provision of this chapter or any other
50 law, any member [of the force of the organized militia, as the term is
51 defined subdivision nine of section one of this chapter or reserve armed
52 forces, as that term is defined] whose military status is described in
53 paragraph (c) of subdivision [twenty-nine] twenty-eight of section two
54 hundred ninety-two of the executive law or any member of the armed forc-
55 es of the United States who missed the application deadline for a sched-
56 uled competitive examination for civil service employment by the state
S. 7350 14
1 of New York or any of its subdivisions due to military service, as
2 defined in subdivision one of section three hundred one of this chapter
3 or due to a call to active duty, pursuant to 10 USC 101 (d) (1), and is
4 deprived of the opportunity to compete in such examination due to mili-
5 tary service, as defined in subdivision one of section three hundred one
6 of this chapter or due to a call to active duty, pursuant to 10 USC 101
7 (d) (1), shall be provided with an opportunity to compete, under terms
8 and conditions deemed appropriate by the state department of civil
9 service or municipal commission, by way of a special military make-up
10 examination.
11 3. Notwithstanding any other provision of this chapter or any other
12 law, any member of the force of the organized militia, as the term is
13 defined in subdivision nine of section one of this chapter or reserve
14 armed forces, [as that term is defined in] whose military status is
15 described in paragraph (b) of subdivision [twenty-nine] twenty-eight of
16 section two hundred ninety-two of the executive law or any member of the
17 armed forces of the United States who missed the application deadline
18 for a scheduled competitive examination for civil service employment by
19 the state of New York or any of its subdivisions due to military
20 service, as defined in subdivision one of section three hundred one of
21 this chapter or due to a call to active duty, pursuant to 10 USC 101 (d)
22 (1), and who returns from such duty prior to the administration of such
23 competitive examination shall be granted a waiver of the application
24 requirement and allowed to compete in such upcoming examination.
25 § 24. This act shall take effect on the thirtieth day after it shall
26 have become a law; provided, however, that sections nineteen through
27 twenty-two of this act shall take effect on the first of November next
28 succeeding the date on which it shall have become a law.
