LBD15359-01-4
S. 9189 2
gender identity or expression, military status, sex, disability, predis-
posing genetic characteristics, familial status, marital status, [or]
status as a victim of domestic violence[,] OR STATUS AS A PERSON WITH A
PRIOR CONVICTION of any individual, to exclude or to expel from its
membership such individual or to discriminate in any way against any of
its members or against any employer or any individual employed by an
employer.
(d) For any employer or employment agency to print or circulate or
cause to be printed or circulated any statement, advertisement or publi-
cation, or to use any form of application for employment or to make any
inquiry in connection with prospective employment, which expresses
directly or indirectly, any limitation, specification or discrimination
as to age, race, creed, color, national origin, citizenship or immi-
gration status, sexual orientation, gender identity or expression, mili-
tary status, sex, disability, predisposing genetic characteristics,
familial status, marital status, [or] status as a victim of domestic
violence OR STATUS AS A PERSON WITH A PRIOR CONVICTION, or any intent to
make any such limitation, specification or discrimination, unless based
upon a bona fide occupational qualification; provided, however, that
neither this paragraph nor any provision of this chapter or other law
shall be construed to prohibit the department of civil service or the
department of personnel of any city containing more than one county from
requesting information from applicants for civil service examinations
concerning any of the aforementioned characteristics, other than sexual
orientation, for the purpose of conducting studies to identify and
resolve possible problems in recruitment and testing of members of
minority groups to ensure the fairest possible and equal opportunities
for employment in the civil service for all persons, regardless of age,
race, creed, color, national origin, citizenship or immigration status,
sexual orientation or gender identity or expression, military status,
sex, disability, predisposing genetic characteristics, familial status,
[or] marital status OR STATUS AS A PERSON WITH A PRIOR CONVICTION.
(e) For any employer, labor organization or employment agency to
discharge, expel or otherwise discriminate against any person because
[he or she] SUCH PERSON has opposed any practices forbidden under this
article or because [he or she] SUCH PERSON has filed a complaint, testi-
fied or assisted in any proceeding under this article.
(f) Nothing in this subdivision shall affect any restrictions upon the
activities of persons licensed by the state liquor authority with
respect to persons under twenty-one years of age.
(g) For an employer to compel an employee who is pregnant to take a
leave of absence, unless the employee is prevented by such pregnancy
from performing the activities involved in the job or occupation in a
reasonable manner.
(h) For an employer, licensing agency, employment agency or labor
organization to subject any individual to harassment because of an indi-
vidual's age, race, creed, color, national origin, citizenship or immi-
gration status, sexual orientation, gender identity or expression, mili-
tary status, sex, disability, predisposing genetic characteristics,
familial status, marital status, status as a victim of domestic
violence, STATUS AS A PERSON WITH A PRIOR CONVICTION or because the
individual has opposed any practices forbidden under this article or
because the individual has filed a complaint, testified or assisted in
any proceeding under this article, regardless of whether such harassment
would be considered severe or pervasive under precedent applied to
harassment claims. Such harassment is an unlawful discriminatory prac-
S. 9189 3
tice when it subjects an individual to inferior terms, conditions or
privileges of employment because of the individual's membership in one
or more of these protected categories. The fact that such individual
did not make a complaint about the harassment to such employer, licens-
ing agency, employment agency or labor organization shall not be deter-
minative of whether such employer, licensing agency, employment agency
or labor organization shall be liable. Nothing in this section shall
imply that an employee must demonstrate the existence of an individual
to whom the employee's treatment must be compared. It shall be an affir-
mative defense to liability under this subdivision that the harassing
conduct does not rise above the level of what a reasonable victim of
discrimination with the same protected characteristic or characteristics
would consider petty slights or trivial inconveniences.
1-a. It shall be an unlawful discriminatory practice for an employer,
labor organization, employment agency or any joint labor-management
committee controlling apprentice training programs:
(a) To select persons for an apprentice training program registered
with the state of New York on any basis other than their qualifications,
as determined by objective criteria which permit review;
(b) To deny to or withhold from any person because of race, creed,
color, national origin, citizenship or immigration status, sexual orien-
tation, gender identity or expression, military status, sex, age, disa-
bility, familial status, marital status, [or] status as a victim of
domestic violence, OR STATUS AS A PERSON WITH A PRIOR CONVICTION the
right to be admitted to or participate in a guidance program, an appren-
ticeship training program, on-the-job training program, executive train-
ing program, or other occupational training or retraining program;
(c) To discriminate against any person in [his or her] THEIR pursuit
of such programs or to discriminate against such a person in the terms,
conditions or privileges of such programs because of race, creed, color,
national origin, citizenship or immigration status, sexual orientation,
gender identity or expression, military status, sex, age, disability,
familial status, marital status, [or] status as a victim of domestic
violence OR STATUS AS A PERSON WITH A PRIOR CONVICTION;
(d) To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of applica-
tion for such programs or to make any inquiry in connection with such
program which expresses, directly or indirectly, any limitation, spec-
ification or discrimination as to race, creed, color, national origin,
citizenship or immigration status, sexual orientation, gender identity
or expression, military status, sex, age, disability, familial status,
marital status, [or] status as a victim of domestic violence OR STATUS
AS A PERSON WITH A PRIOR CONVICTION, or any intention to make any such
limitation, specification or discrimination, unless based on a bona fide
occupational qualification.
(a) It shall be an unlawful discriminatory practice for any person,
being the owner, lessee, proprietor, manager, superintendent, agent or
employee of any place of public accommodation, resort or amusement,
because of the race, creed, color, national origin, citizenship or immi-
gration status, sexual orientation, gender identity or expression, mili-
tary status, sex, disability, marital status, [or] status as a victim of
domestic violence OR STATUS AS A PERSON WITH A PRIOR CONVICTION, of any
person, directly or indirectly, to refuse, withhold from or deny to such
person any of the accommodations, advantages, facilities or privileges
thereof, including the extension of credit, or, directly or indirectly,
to publish, circulate, issue, display, post or mail any written or
S. 9189 4
printed communication, notice or advertisement, to the effect that any
of the accommodations, advantages, facilities and privileges of any such
place shall be refused, withheld from or denied to any person on account
of race, creed, color, national origin, citizenship or immigration
status, sexual orientation, gender identity or expression, military
status, sex, disability [or] marital status OR STATUS AS A PERSON WITH A
PRIOR CONVICTION, or that the patronage or custom thereat of any person
of or purporting to be of any particular race, creed, color, national
origin, citizenship or immigration status, sexual orientation, gender
identity or expression, military status, sex [or], marital status OR
STATUS AS A PERSON WITH A PRIOR CONVICTION, or having a disability is
unwelcome, objectionable or not acceptable, desired or solicited.
(a) To refuse to sell, rent or lease or otherwise to deny to or with-
hold from any person or group of persons such housing accommodations
because of the race, creed, color, disability, national origin, citizen-
ship or immigration status, sexual orientation, gender identity or
expression, military status, age, sex, marital status, status as a
victim of domestic violence, STATUS AS A PERSON WITH A PRIOR CONVICTION,
lawful source of income or familial status of such person or persons, or
to represent that any housing accommodation or land is not available for
inspection, sale, rental or lease when in fact it is so available.
(b) To discriminate against any person because of [his or her] SUCH
PERSON'S race, creed, color, disability, national origin, citizenship or
immigration status, sexual orientation, gender identity or expression,
military status, age, sex, marital status, status as a victim of domes-
tic violence, STATUS AS A PERSON WITH A PRIOR CONVICTION lawful source
of income or familial status in the terms, conditions or privileges of
any publicly-assisted housing accommodations or in the furnishing of
facilities or services in connection therewith.
(c) To cause to be made any written or oral inquiry or record concern-
ing the race, creed, color, disability, national origin, citizenship or
immigration status, sexual orientation, gender identity or expression,
membership in the reserve armed forces of the United States or in the
organized militia of the state, age, sex, marital status, status as a
victim of domestic violence, lawful source of income [or], familial
status of a person seeking to rent or lease any publicly-assisted hous-
ing accommodation, OR STATUS AS A PERSON WITH A PRIOR CONVICTION;
provided, however, that nothing in this subdivision shall prohibit a
member of the reserve armed forces of the United States or in the organ-
ized militia of the state from voluntarily disclosing such membership.
(c-1) To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of applica-
tion for the purchase, rental or lease of such housing accommodation or
to make any record or inquiry in connection with the prospective
purchase, rental or lease of such a housing accommodation which
expresses, directly or indirectly, any limitation, specification or
discrimination as to race, creed, color, national origin, citizenship or
immigration status, sexual orientation, gender identity or expression,
military status, sex, age, disability, marital status, status as a
victim of domestic violence, lawful source of income [or], familial
status OR STATUS AS A PERSON WITH A PRIOR CONVICTION, or any intent to
make any such limitation, specification or discrimination.
3-b. It shall be an unlawful discriminatory practice for any real
estate broker, real estate salesperson or employee or agent thereof or
any other individual, corporation, partnership or organization for the
purpose of inducing a real estate transaction from which any such person
S. 9189 5
or any of its stockholders or members may benefit financially, to repre-
sent that a change has occurred or will or may occur in the composition
with respect to race, creed, color, national origin, citizenship or
immigration status, sexual orientation, gender identity or expression,
military status, sex, disability, marital status, status as a victim of
domestic violence, STATUS AS A PERSON WITH A PRIOR CONVICTION, or fami-
lial status of the owners or occupants in the block, neighborhood or
area in which the real property is located, and to represent, directly
or indirectly, that this change will or may result in undesirable conse-
quences in the block, neighborhood or area in which the real property is
located, including but not limited to the lowering of property values,
an increase in criminal or anti-social behavior, or a decline in the
quality of schools or other facilities.
4. It shall be an unlawful discriminatory practice for an educational
institution to deny the use of its facilities to any person otherwise
qualified, or to permit the harassment of any student or applicant, by
reason of [his] THEIR race, color, religion, disability, national
origin, citizenship or immigration status, sexual orientation, gender
identity or expression, military status, sex, age, marital status, [or]
status as a victim of domestic violence, OR STATUS AS A PERSON WITH A
PRIOR CONVICTION, except that any such institution which establishes or
maintains a policy of educating persons of one sex exclusively may admit
students of only one sex.
(a) It shall be an unlawful discriminatory practice for the owner,
lessee, sub-lessee, assignee, or managing agent of, or other person
having the right to sell, rent or lease a housing accommodation,
constructed or to be constructed, or any agent or employee thereof:
(1) To refuse to sell, rent, lease or otherwise to deny to or withhold
from any person or group of persons such a housing accommodation because
of the race, creed, color, national origin, citizenship or immigration
status, sexual orientation, gender identity or expression, military
status, sex, age, disability, marital status, status as a victim of
domestic violence, lawful source of income [or], familial status of such
person or persons, OR STATUS AS A PERSON WITH A PRIOR CONVICTION, or to
represent that any housing accommodation or land is not available for
inspection, sale, rental or lease when in fact it is so available.
(2) To discriminate against any person because of race, creed, color,
national origin, citizenship or immigration status, sexual orientation,
gender identity or expression, military status, sex, age, disability,
marital status, status as a victim of domestic violence, STATUS AS A
PERSON WITH A PRIOR CONVICTION, lawful source of income or familial
status in the terms, conditions or privileges of the sale, rental or
lease of any such housing accommodation or in the furnishing of facili-
ties or services in connection therewith.
(3) To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of applica-
tion for the purchase, rental or lease of such housing accommodation or
to make any record or inquiry in connection with the prospective
purchase, rental or lease of such a housing accommodation which
expresses, directly or indirectly, any limitation, specification or
discrimination as to race, creed, color, national origin, citizenship or
immigration status, sexual orientation, gender identity or expression,
military status, sex, age, disability, marital status, status as a
victim of domestic violence, lawful source of income [or], familial
status, OR STATUS AS A PERSON WITH A PRIOR CONVICTION or any intent to
make any such limitation, specification or discrimination.
S. 9189 6
(4) (i) The provisions of subparagraphs one and two of this paragraph
shall not apply (1) to the rental of a housing accommodation in a build-
ing which contains housing accommodations for not more than two families
living independently of each other, if the owner resides in one of such
housing accommodations, (2) to the restriction of the rental of all
rooms in a housing accommodation to individuals of the same sex or (3)
to the rental of a room or rooms in a housing accommodation, if such
rental is by the occupant of the housing accommodation or by the owner
of the housing accommodation and the owner resides in such housing
accommodation or (4) solely with respect to age and familial status to
the restriction of the sale, rental or lease of housing accommodations
exclusively to persons sixty-two years of age or older and the spouse of
any such person, or for housing intended and operated for occupancy by
at least one person fifty-five years of age or older per unit. In deter-
mining whether housing is intended and operated for occupancy by persons
fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607
(b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall
apply. However, such rental property shall no longer be exempt from the
provisions of subparagraphs one and two of this paragraph if there is
unlawful discriminatory conduct pursuant to subparagraph three of this
paragraph.
(ii) The provisions of subparagraphs one, two, and three of this para-
graph shall not apply (1) to the restriction of the rental of all rooms
in a housing accommodation to individuals of the same sex, (2) to the
rental of a room or rooms in a housing accommodation, if such rental is
by the occupant of the housing accommodation or by the owner of the
housing accommodation and the owner resides in such housing accommo-
dation, or (3) solely with respect to age and familial status to the
restriction of the sale, rental or lease of housing accommodations
exclusively to persons sixty-two years of age or older and the spouse of
any such person, or for housing intended and operated for occupancy by
at least one person fifty-five years of age or older per unit. In deter-
mining whether housing is intended and operated for occupancy by persons
fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607
(b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall
apply.
(b) It shall be an unlawful discriminatory practice for the owner,
lessee, sub-lessee, or managing agent of, or other person having the
right of ownership or possession of or the right to sell, rent or lease,
land or commercial space:
(1) To refuse to sell, rent, lease or otherwise deny to or withhold
from any person or group of persons land or commercial space because of
the race, creed, color, national origin, citizenship or immigration
status, sexual orientation, gender identity or expression, military
status, sex, age, disability, marital status, status as a victim of
domestic violence, [or] familial status of such person or persons,
STATUS AS A PERSON WITH A PRIOR CONVICTION or to represent that any
housing accommodation or land is not available for inspection, sale,
rental or lease when in fact it is so available;
(2) To discriminate against any person because of race, creed, color,
national origin, citizenship or immigration status, sexual orientation,
gender identity or expression, military status, sex, age, disability,
marital status, status as a victim of domestic violence, [or] familial
status, OR STATUS AS A PERSON WITH A PRIOR CONVICTION in the terms,
conditions or privileges of the sale, rental or lease of any such land
S. 9189 7
or commercial space; or in the furnishing of facilities or services in
connection therewith;
(3) To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of applica-
tion for the purchase, rental or lease of such land or commercial space
or to make any record or inquiry in connection with the prospective
purchase, rental or lease of such land or commercial space which
expresses, directly or indirectly, any limitation, specification or
discrimination as to race, creed, color, national origin, citizenship or
immigration status, sexual orientation, gender identity or expression,
military status, sex, age, disability, marital status, status as a
victim of domestic violence, [or] familial status, OR STATUS AS A PERSON
WITH A PRIOR CONVICTION; or any intent to make any such limitation,
specification or discrimination.
(4) With respect to age and familial status, the provisions of this
paragraph shall not apply to the restriction of the sale, rental or
lease of land or commercial space exclusively to persons fifty-five
years of age or older and the spouse of any such person, or to the
restriction of the sale, rental or lease of land to be used for the
construction, or location of housing accommodations exclusively for
persons sixty-two years of age or older, or intended and operated for
occupancy by at least one person fifty-five years of age or older per
unit. In determining whether housing is intended and operated for occu-
pancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c)
(42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as
amended, shall apply.
(c) It shall be an unlawful discriminatory practice for any real
estate broker, real estate salesperson or employee or agent thereof:
(1) To refuse to sell, rent or lease any housing accommodation, land
or commercial space to any person or group of persons or to refuse to
negotiate for the sale, rental or lease, of any housing accommodation,
land or commercial space to any person or group of persons because of
the race, creed, color, national origin, citizenship or immigration
status, sexual orientation, gender identity or expression, military
status, sex, age, disability, marital status, status as a victim of
domestic violence, lawful source of income [or], familial status of such
person or persons, OR STATUS AS A PERSON WITH A PRIOR CONVICTION, or to
represent that any housing accommodation, land or commercial space is
not available for inspection, sale, rental or lease when in fact it is
so available, or otherwise to deny or withhold any housing accommo-
dation, land or commercial space or any facilities of any housing accom-
modation, land or commercial space from any person or group of persons
because of the race, creed, color, national origin, citizenship or immi-
gration status, sexual orientation, gender identity or expression, mili-
tary status, sex, age, disability, marital status, lawful source of
income [or], familial status of such person or persons, OR STATUS AS A
PERSON WITH A PRIOR CONVICTION.
(2) To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of applica-
tion for the purchase, rental or lease of any housing accommodation,
land or commercial space or to make any record or inquiry in connection
with the prospective purchase, rental or lease of any housing accommo-
dation, land or commercial space which expresses, directly or indirect-
ly, any limitation, specification, or discrimination as to race, creed,
color, national origin, citizenship or immigration status, sexual orien-
tation, gender identity or expression, military status, sex, age, disa-
S. 9189 8
bility, marital status, status as a victim of domestic violence, lawful
source of income [or], familial status, OR STATUS AS A PERSON WITH A
PRIOR CONVICTION; or any intent to make any such limitation, specifica-
tion or discrimination.
(3) With respect to age and familial status, the provisions of this
paragraph shall not apply to the restriction of the sale, rental or
lease of any housing accommodation, land or commercial space exclusively
to persons fifty-five years of age or older and the spouse of any such
person, or to the restriction of the sale, rental or lease of any hous-
ing accommodation or land to be used for the construction or location of
housing accommodations for persons sixty-two years of age or older, or
intended and operated for occupancy by at least one person fifty-five
years of age or older per unit. In determining whether housing is
intended and operated for occupancy by persons fifty-five years of age
or older, Sec. 807 (b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
federal Fair Housing Act of 1988, as amended, shall apply.
(d) It shall be an unlawful discriminatory practice for any real
estate board, because of the race, creed, color, national origin, citi-
zenship or immigration status, sexual orientation, gender identity or
expression, military status, age, sex, disability, marital status,
status as a victim of domestic violence, lawful source of income [or],
familial status, OR STATUS AS A PERSON WITH A PRIOR CONVICTION of any
individual who is otherwise qualified for membership, to exclude or
expel such individual from membership, or to discriminate against such
individual in the terms, conditions and privileges of membership in such
board.
(a) It shall be an unlawful discriminatory practice for any fire
department or fire company therein, through any member or members there-
of, officers, board of fire commissioners or other body or office having
power of appointment of volunteer firefighters, directly or indirectly,
by ritualistic practice, constitutional or by-law prescription, by tacit
agreement among its members, or otherwise, to deny to any individual
membership in any volunteer fire department or fire company therein, or
to expel or discriminate against any volunteer member of a fire depart-
ment or fire company therein, because of the race, creed, color,
national origin, citizenship or immigration status, sexual orientation,
gender identity or expression, military status, sex, marital status,
status as a victim of domestic violence, [or], familial status, OR
STATUS AS A PERSON WITH A PRIOR CONVICTION of such individual.
13. It shall be an unlawful discriminatory practice (i) for any person
to boycott or blacklist, or to refuse to buy from, sell to or trade
with, or otherwise discriminate against any person, because of the race,
creed, color, national origin, citizenship or immigration status, sexual
orientation, gender identity or expression, military status, sex, status
as a victim of domestic violence, disability, [or] familial status, OR
STATUS AS A PERSON WITH A PRIOR CONVICTION or of such person, or of such
person's partners, members, stockholders, directors, officers, managers,
superintendents, agents, employees, business associates, suppliers or
customers, or (ii) for any person wilfully to do any act or refrain from
doing any act which enables any such person to take such action. This
subdivision shall not apply to:
(a) Boycotts connected with labor disputes; or
(b) Boycotts to protest unlawful discriminatory practices.
§ 2. This act shall take effect immediately.
