2006 New York Code - Unlawful Discriminatory Practices.
§ 8-107 Unlawful discriminatory practices. 1. Employment. It shall be
an unlawful discriminatory practice:
(a) For an employer or an employee or agent thereof, because of the
actual or perceived age, race, creed, color, national origin, gender,
disability, marital status, partnership status, sexual orientation or
alienage or citizenship status of any person, to refuse to hire or
employ or to bar or to discharge from employment such person or to
discriminate against such person in compensation or in terms, conditions
or privileges of employment.
(b) For an employment agency or an employee or agent thereof to
discriminate against any person because of such person's actual or
perceived age, race, creed, color, national origin, gender, disability,
marital status, partnership status, sexual orientation or alienage or
citizenship status in receiving, classifying, disposing or otherwise
acting upon applications for its services or in referring an applicant
or applicants for its services to an employer or employers.
(c) For a labor organization or an employee or agent thereof, because
of the actual or perceived age, race, creed, color, national origin,
gender, disability, marital status, partnership status, sexual
orientation or alienage or citizenship status of any person, to exclude
or to expel from its membership such person or to discriminate in any
way against any of its members or against any employer or any person
employed by an employer.
(d) For any employer, labor organization or employment agency or an
employee or agent thereof to declare, print or circulate or cause to be
declared, printed or circulated any statement, advertisement or
publication, 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, gender, disability,
marital status, partnership status, sexual orientation or alienage or
citizenship status, or any intent to make any such limitation,
specification or discrimination.
(e) The provisions of this subdivision and subdivision two of this
section: (i) as they apply to employee benefit plans, shall not be
construed to preclude an employer from observing the provisions of any
plan covered by the federal employment retirement income security act of
nineteen hundred seventy-four that is in compliance with applicable
federal discrimination laws where the application of the provisions of
such subdivisions to such plan would be preempted by such act; (ii)
shall not preclude the varying of insurance coverages according to an
employee's age; (iii) shall not be construed to affect any retirement
policy or system that is permitted pursuant to paragraph (e) and (f) of
subdivision three-a of section two hundred ninety-six of the executive
law; (iv) shall not be construed to affect the retirement policy or
system of an employer where such policy or system is not a subterfuge to
evade the purposes of this chapter.
(f) The provisions of this subdivision shall not govern the employment
by an employer of his or her parents, spouse, domestic partner, or
children; provided, however, that such family members shall be counted
as persons employed by an employer for the purposes of subdivision five
of section 8-102 of this chapter.
2. Apprentice training programs. It shall be an unlawful
discriminatory practice for an employer, labor organization, employment
agency or any joint labor-management committee controlling apprentice
training programs or an employee or agent thereof:
(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 his or her
actual or perceived race, creed, color, national origin, gender, age,
disability, marital status, partnership status, sexual orientation or
alienage or citizenship status the right to be admitted to or
participate in a guidance program, an apprentice training program,
on-the-job training program, or other occupational training or
retraining program.
(c) To discriminate against any person in his or her pursuit of such
program or to discriminate against such a person in the terms,
conditions or privileges of such program because of actual or perceived
race, creed, color, national origin, gender, age, disability, marital
status, partnership status, sexual orientation or alienage or
citizenship status.
(d) To declare, print or circulate or cause to be declared, printed or
circulated any statement, advertisement or publication, or to use any
form of application for such program or to make any inquiry in
connection with such program which expresses, directly or indirectly,
any limitation, specification or discrimination as to race, creed,
color, national origin, gender, age, disability, marital status,
partnership status, sexual orientation or alienage or citizenship
status, or any intent to make any such limitation, specification or
discrimination.
3. Employment; religious observance. (a) It shall be an unlawful
discriminatory practice for an employer or an employee or agent thereof
to impose upon a person as a condition of obtaining or retaining
employment any terms or conditions, compliance with which would require
such person to violate, or forego a practice of, his or her creed or
religion, including but not limited to the observance of any particular
day or days or any portion thereof as a sabbath or holy day or the
observance of any religious custom or usage, and the employer shall make
reasonable accommodation to the religious needs of such person. Without
in any way limiting the foregoing, no person shall be required to remain
at his or her place of employment during any day or days or portion
thereof that, as a requirement of such person's religion, he or she
observes as a sabbath or other holy day, including a reasonable time
prior and subsequent thereto for travel between his or her place of
employment and his or her home, provided, however, that any such absence
from work shall, wherever practicable in the judgment of the employer,
be made up by an equivalent amount of time at some other mutually
convenient time.
(b) "Reasonable accommodation", as used in this subdivision, shall
mean such accommodation to an employee's or prospective employee's
religious observance or practice as shall not cause undue hardship in
the conduct of the employer's business. The employer shall have the
burden of proof to show such hardship.
4. Public accommodations. a. It shall be an unlawful discriminatory
practice for any person, being the owner, lessee, proprietor, manager,
superintendent, agent or employee of any place or provider of public
accommodation, because of the actual or perceived race, creed, color,
national origin, age, gender, disability, marital status, partnership
status, sexual orientation or alienage or citizenship status of any
person, directly or indirectly, to refuse, withhold from or deny to such
person any of the accommodations, advantages, facilities or privileges
thereof, or, directly or indirectly, to make any declaration, publish,
circulate, issue, display, post or mail any written or printed
communication, notice or advertisement, to the effect that any of the
accommodations, advantages, facilities and privileges of any such place
or provider shall be refused, withheld from or denied to any person on
account of race, creed, color, national origin, age, gender, disability,
marital status, partnership status, sexual orientation or alienage or
citizenship status or that the patronage or custom of any person
belonging to, purporting to be, or perceived to be, of any particular
race, creed, color, national origin, age, gender, disability, marital
status, partnership status, sexual orientation or alienage or
citizenship status is unwelcome, objectionable or not acceptable,
desired or solicited.
b. Notwithstanding the foregoing, the provisions of this subdivision
shall not apply, with respect to age or gender, to places or providers
of public accommodation where the commission grants an exemption based
on bona fide considerations of public policy.
c. The provisions of this subdivision relating to discrimination on
the basis of gender shall not prohibit any educational institution
subject to this subdivision from making gender distinctions which would
be permitted (i) for educational institutions which are subject to
section thirty-two hundred one-a of the education law or any rules or
regulations promulgated by the state commissioner of education relating
to gender or (ii) under sections 86.32, 86.33 and 86.34 of title
forty-five of the code of federal regulations for educational
institutions covered thereunder.
d. Nothing in this subdivision shall be construed to preclude an
educational institution -- other than a publicly-operated educational
institution -- which establishes or maintains a policy of educating
persons of one gender exclusively from limiting admissions to students
of that gender.
e. The provisions of this subdivision relating to disparate impact
shall not apply to the use of standardized tests as defined by section
three hundred forty of the education law by an educational institution
subject to this subdivision provided that such test is used in the
manner and for the purpose prescribed by the test agency which designed
the test.
f. The provisions of this subdivision as they relate to unlawful
discriminatory practices by educational institutions shall not apply to
matters that are strictly educational or pedagogic in nature.
5. Housing accommodations, land, commercial space and lending
practices. (a) Housing accommodations. It shall be an unlawful
discriminatory practice for the owner, lessor, lessee, sublessee,
assignee, or managing agent of, or other person having the right to
sell, rent or lease or approve the sale, rental or lease of a housing
accommodation, constructed or to be constructed, or an interest therein,
or any agent or employee thereof:
(1) To refuse to sell, rent, lease, approve the sale, rental or lease
or otherwise deny to or withhold from any person or group of persons
such a housing accommodation or an interest therein because of the
actual or perceived race, creed, color, national origin, gender, age,
disability, sexual orientation, marital status, partnership status, or
alienage or citizenship status of such person or persons, or because
children are, may be or would be residing with such person or persons.
(2) To discriminate against any person because of such person's actual
or perceived race, creed, color, national origin, gender, age,
disability, sexual orientation, marital status, partnership status, or
alienage or citizenship status, or because children are, may be or would
be residing with such person, in the terms, conditions or privileges of
the sale, rental or lease of any such housing accommodation or an
interest therein or in the furnishing of facilities or services in
connection therewith.
(3) To declare, print or circulate or cause to be declared, printed or
circulated any statement, advertisement or publication, or to use any
form of application for the purchase, rental or lease of such a housing
accommodation or an interest therein or to make any record or inquiry in
conjunction with the prospective purchase, rental or lease of such a
housing accommodation or an interest therein which expresses, directly
or indirectly, any limitation, specification or discrimination as to
race, creed, color, national origin, gender, age, disability, sexual
orientation, marital status, partnership status, or alienage or
citizenship status, or whether children are, may be, or would be
residing with a person, or any intent to make such limitation,
specification or discrimination.
(4) The provisions of this paragraph (a) shall not apply:
(1) to the rental of a housing accommodation, other than a
publicly-assisted housing accommodation, in a building which contains
housing accommodations for not more than two families living
independently of each other, if the owner or members of the owner's
family reside in one of such housing accommodations, and if the
available housing accommodation has not been publicly advertised,
listed, or otherwise offered to the general public; or
(2) to the rental of a room or rooms in a housing accommodation, other
than a publicly-assisted housing accommodation, if such rental is by the
occupant of the housing accommodation or by the owner of the housing
accommodation and the owner or members of the owner's family reside in
such housing accommodation.
(b) Land and commercial space. It shall be an unlawful discriminatory
practice for the owner, lessor, lessee, sublessee, or managing agent of,
or other person having the right of ownership or possession of or the
right to sell, rent, or lease, or approve the sale, rental or lease of
land or commercial space or an interest therein, or any agency or
employee thereof:
(1) To refuse to sell, rent, lease, approve the sale, rental or lease
or otherwise deny or to withhold from any person or group of persons
land or commercial space or an interest therein because of the actual or
perceived race, creed, color, national origin, gender, age, disability,
sexual orientation, marital status, partnership status, or alienage or
citizenship status of such person or persons, or because children are,
may be or would be residing with such person or persons.
(2) To discriminate against any person because of actual or perceived
race, creed, color, national origin, gender, age, disability, sexual
orientation, marital status, partnership status, or alienage or
citizenship status, or because children are, may be or would be residing
with such person, in the terms, conditions or privileges of the sale,
rental or lease of any such land or commercial space or an interest
therein or in the furnishing of facilities or services in connection
therewith.
(3) To declare, print or circulate or cause to be declared, printed or
circulated any statement, advertisement or publication, or to use any
form of application for the purchase, rental or lease of such land or
commercial space or an interest therein or to make any record or inquiry
in connection with the prospective purchase, rental or lease of such
land or commercial space or an interest therein which expresses,
directly or indirectly, any limitation, specification or discrimination
as to race, creed, color, national origin, gender, age, disability,
sexual orientation, marital status, partnership status, or alienage or
citizenship status, or whether children are, may be or would be residing
with such person, or any intent to make any such limitation,
specification or discrimination.
(c) Real estate brokers. 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 or an interest therein 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 or an interest therein
to any person or group of persons because of the actual or perceived
race, creed, color, national origin, gender, age, disability, sexual
orientation, marital status, partnership status, or alienage or
citizenship status of such person or persons, or because children are,
may be or would be residing with such person or persons, or to represent
that any housing accommodation, land or commercial space or an interest
therein is not available for inspection, sale, rental or lease when in
fact it is so available, or otherwise to deny or withhold any housing
accommodation, land or commercial space or an interest therein or any
facilities of any housing accommodation, land or commercial space or an
interest therein from any person or group of persons because of the
actual or perceived race, creed, color, national origin, gender, age,
disability, sexual orientation, marital status, partnership status, or
alienage or citizenship status of such person or persons, or because
children are, may be or would be residing with such person or persons.
(2) To declare, print or circulate or cause to be declared, printed or
circulated any statement, advertisement or publication, or to use any
form of application for the purchase, rental or lease of any housing
accommodation, land or commercial space or an interest therein or to
make any record or inquiry in connection with the prospective purchase,
rental or lease of any housing accommodation, land or commercial space
or an interest therein which expresses, directly or indirectly, any
limitation, specification or discrimination as to race, creed, color,
national origin, gender, age, disability, sexual orientation, marital
status, partnership status, or alienage or citizenship status, or to
whether children are, may be or would be residing with a person, or any
intent to make such limitation, specification or discrimination.
(3) To induce or attempt to induce any person to sell or rent any
housing accommodation, land or commercial space or an interest therein
by representations, explicit or implicit, regarding the entry or
prospective entry into the neighborhood or area of a person or persons
of any race, creed, color, gender, age, disability, sexual orientation,
marital status, partnership status, national origin, alienage or
citizenship status or a person or persons with whom children are, may be
or would be residing.
(d) Lending practices. It shall be an unlawful discriminatory practice
for any person, bank, trust company, private banker, savings bank,
industrial bank, savings and loan association, credit union, investment
company, mortgage company, insurance company, or other financial
institution or lender, doing business in the city and if incorporated
regardless of whether incorporated under the laws of the state of New
York, the United States or any other jurisdiction, or any officer, agent
or employee thereof to whom application is made for a loan, mortgage or
other form of financial assistance for the purchase, acquisition,
construction, rehabilitation, repair or maintenance of any housing
accommodation, land or commercial space or an interest therein:
(1) To discriminate against such applicant or applicants because of
the actual or perceived race, creed, color, national origin, gender,
disability, sexual orientation, age, marital status, partnership status,
or alienage or citizenship status of such applicant or applicants or of
any member, stockholder, director, officer or employee of such applicant
or applicants, or of the occupants or tenants or prospective occupants
or tenants of such housing accommodation, land or commercial space, or
because children are, may be or would be residing with such applicant or
other person, in the granting, withholding, extending or renewing, or in
the fixing of rates, terms or conditions of any such financial
assistance or in the appraisal of any housing accommodation, land or
commercial space or an interest therein.
(2) To use any form of application for a loan, mortgage, or other form
of financial assistance, or to make any record or inquiry in connection
with applications for such financial assistance, or in connection with
the appraisal of any housing accommodation, land or commercial space or
an interest therein, which expresses, directly or indirectly, any
limitation, specification or discrimination as to race, creed, color,
national origin, gender, disability, sexual orientation, age, marital
status, partnership status, or alienage or citizenship status, or
whether children are, may be, or would be residing with a person.
(e) Real estate services. It shall be an unlawful discriminatory
practice to deny a person access to, or membership in or participation
in, a multiple listing service, real estate brokers' organization, or
other service because of the actual or perceived race, creed, color,
national origin, gender, disability, sexual orientation, age, marital
status, partnership status, or alienage or citizenship status of such
person or because children are, may be or would be residing with such
person.
(f) Real estate related transactions. It shall be an unlawful
discriminatory practice for any person whose business includes the
appraisal of housing accommodations, land or commercial space or
interest therein or an employee or agent thereof to discriminate in
making available or in the terms or conditions of such appraisal on the
basis of the actual or perceived race, creed, color, national origin,
gender, disability, sexual orientation, age, marital status, partnership
status, or alienage or citizenship status of any person or because
children are, may be or would be residing with such person.
(g) Applicability; persons under eighteen years of age. The provisions
of this subdivision, as they relate to unlawful discriminatory practices
in housing accommodations, land and commercial space or an interest
therein and lending practices on the basis of age, shall not apply to
unemancipated persons under the age of eighteen years.
(h) Applicability; discrimination against persons with children. The
provisions of this subdivision with respect to discrimination against
persons with whom children are, may be or would be residing shall not
apply to housing for older persons as defined in paragraphs two and
three of subdivision (b) of section thirty-six hundred seven of title
forty-two of the United States code and any regulations promulgated
thereunder.
(i) Applicability; senior citizen housing. The provisions of this
subdivision with respect to discrimination on the basis of age shall not
apply to the restriction of the sale, rental or lease of any housing
accommodation, land or commercial space or an interest therein
exclusively to persons fifty-five years of age or older. This paragraph
shall not be construed to permit discrimination against such persons
fifty-five years of age or older on the basis of whether children are,
may be or would be residing in such housing accommodation or land or an
interest therein unless such discrimination is otherwise permitted
pursuant to paragraph (h) of this subdivision.
(j) Applicability; dormitory residence operated by educational
institution. The provisions of this subdivision relating to
discrimination on the basis of gender in housing accommodations shall
not prohibit any educational institution from making gender distinctions
in dormitory residences which would be permitted under sections 86.32
and 86.33 of title forty-five of the code of federal regulations for
educational institutions covered thereunder.
(k) Applicability; dormitory-type housing accommodations. The
provisions of this subdivision which prohibit distinctions on the basis
of gender and whether children are, may be or would be residing with a
person shall not apply to dormitory-type housing accommodations
including, but not limited to, shelters for the homeless where such
distinctions are intended to recognize generally accepted values of
personal modesty and privacy or to protect the health, safety or welfare
of families with children.
(l) Exemption for special needs of particular age group in
publicly-assisted housing accommodations. Nothing in this subdivision
shall restrict the consideration of age in the rental of
publicly-assisted housing accommodations if the state division of human
rights grants an exemption pursuant to section two hundred ninety-six of
the executive law based on bona fide considerations of public policy for
the purpose of providing for the special needs of a particular age group
without the intent of prejudicing other age groups; provided however,
that this paragraph shall not be construed to permit discrimination on
the basis of whether children are, may be or would be residing in such
housing accommodations unless such discrimination is otherwise permitted
pursuant to paragraph (h) of this section.
(m) Applicability; use of criteria or qualifications in
publicly-assisted housing accommodations. The provisions of this
subdivision shall not be construed to prohibit the use of criteria or
qualifications of eligibility for the sale, rental, leasing or occupancy
of publicly-assisted housing accommodations where such criteria or
qualifications are required to comply with federal or state law, or are
necessary to obtain the benefits of a federal or state program, or to
prohibit the use of statements, advertisements, publications,
applications or inquiries to the extent that they state such criteria or
qualifications or request information necessary to determine or verify
the eligibility of an applicant, tenant, purchaser, lessee or occupant.
(n) Discrimination on the basis of occupation prohibited in housing
accommodations. Where a housing accommodation or an interest therein is
sought or occupied exclusively for residential purposes, the provisions
of this subdivision shall be construed to prohibit discrimination in the
sale, rental, or leasing of such housing accommodation or interest
therein and in the terms, conditions and privileges of the sale, rental
or leasing of such housing accommodation or interest therein and in the
furnishing of facilities or services in connection therewith, on account
of a person's occupation.
6. Aiding and abetting. It shall be an unlawful discriminatory
practice for any person to aid, abet, incite, compel or coerce the doing
of any of the acts forbidden under this chapter, or to attempt to do so.
7. Retaliation. It shall be an unlawful discriminatory practice for
any person engaged in any activity to which this chapter applies to
retaliate or discriminate in any manner against any person because such
person has (i) opposed any practice forbidden under this chapter, (ii)
filed a complaint, testified or assisted in any proceeding under this
chapter, (iii) commenced a civil action alleging the commission of an
act which would be an unlawful discriminatory practice under this
chapter, (iv) assisted the commission or the corporation counsel in an
investigation commenced pursuant to this title, or (v) provided any
information to the commission pursuant to the terms of a conciliation
agreement made pursuant to section 8-115 of this chapter. The
retaliation or discrimination complained of under this subdivision need
not result in an ultimate action with respect to employment, housing or
a public accommodation or in a materially adverse change in the terms
and conditions of employment, housing, or a public accommodation,
provided, however, that the retaliatory or discriminatory act or acts
complained of must be reasonably likely to deter a person from engaging
in protected activity.
8. Violation of conciliation agreement. It shall be an unlawful
discriminatory practice for any party to a conciliation agreement made
pursuant to section 8-115 of this chapter to violate the terms of such
agreement.
9. Licenses and permits. It shall be an unlawful discriminatory
practice:
(a) Except as otherwise provided in paragraph (c), for an agency
authorized to issue a license or permit or an employee thereof to
discriminate against an applicant for a license or permit because of the
actual or perceived race, creed, color, national origin, age, gender,
marital status, partnership status, disability, sexual orientation or
alienage or citizenship status of such applicant.
(b) Except as otherwise provided in paragraph (c), for an agency
authorized to issue a license or permit or an employee thereof to
declare, print or circulate or cause to be declared, printed or
circulated any statement, advertisement or publication, or to use any
form of application for a license or permit or to make any inquiry in
connection with any such application, which expresses, directly or
indirectly, any limitation, specification or discrimination as to race,
creed, color, national origin, age, gender, marital status, partnership
status, disability, sexual orientation or alienage or citizenship
status, or any intent to make any such limitation, specification or
discrimination.
(c) Nothing contained in this subdivision shall be construed to bar an
agency authorized to issue a license or permit from using age or
disability as a criterion for determining eligibility for a license or
permit when specifically required to do so by any other provision of
law.
10. Criminal conviction. (a) It shall be unlawful discriminatory
practice for any person to deny any license or permit or employment to
any person by reason of his or her having been convicted of one or more
criminal offenses, or by reason of a finding of a lack of "good moral
character" which is based on his or her having been convicted of one or
more criminal offenses, when such denial is in violation of the
provisions of article twenty-three-a of the correction law.
(b) Pursuant to section seven hundred fifty-five of the correction
law, the provisions of this subdivision shall be enforceable against
public agencies by a proceeding brought pursuant to article
seventy-eight of the civil practice law and rules, and the provisions of
this subdivision shall be enforceable against private employers by the
commission through the administrative procedure provided for in this
chapter or as provided in chapter five of this title. For purposes of
this paragraph only, the terms "public agency" and "private employer"
shall have the meaning given such terms in section seven hundred fifty
of the correction law.
11. Arrest record. It shall be an unlawful discriminatory practice,
unless specifically required or permitted by any other law, for any
person to make any inquiry about, whether in any form of application or
otherwise, or to act upon adversely to the person involved, any arrest
or criminal accusation of such person not then pending against that
person which was followed by a termination of that criminal action or
proceeding in favor of such person, as defined in subdivision two of
section 160.50 of the criminal procedure law, in connection with the
licensing, employment or providing of credit to such person; provided,
however, that the prohibition of such inquiries or adverse action shall
not apply to licensing activities in relation to the regulation of guns,
firearms and other deadly weapons or in relation to an application for
employment as a police officer or peace officer as those terms are
defined in subdivisions thirty-three and thirty-four of section 1.20 of
the criminal procedure law.
12. Religious principles. Nothing contained in this section shall be
construed to bar any religious or denominational institution or
organization or any organization operated for charitable or educational
purposes, which is operated, supervised or controlled by or in
connection with a religious organization, from limiting employment or
sales or rental of housing accommodations or admission to or giving
preference to persons of the same religion or denomination or from
making such selection as is calculated by such organization to promote
the religious principles for which it is established or maintained.
13. Employer liability for discriminatory conduct by employee, agent
or independent contractor. a. An employer shall be liable for an
unlawful discriminatory practice based upon the conduct of an employee
or agent which is in violation of any provision of this section other
than subdivisions one and two of this section.
b. An employer shall be liable for an unlawful discriminatory practice
based upon the conduct of an employee or agent which is in violation of
subdivision one or two of this section only where:
(1) the employee or agent exercised managerial or supervisory
responsibility; or
(2) the employer knew of the employee's or agent's discriminatory
conduct, and acquiesced in such conduct or failed to take immediate and
appropriate corrective action; an employer shall be deemed to have
knowledge of an employee's or agent's discriminatory conduct where that
conduct was known by another employee or agent who exercised managerial
or supervisory responsibility; or
(3) the employer should have known of the employee's or agent's
discriminatory conduct and failed to exercise reasonable diligence to
prevent such discriminatory conduct.
c. An employer shall be liable for an unlawful discriminatory practice
committed by a person employed as an independent contractor, other than
an agent of such employer, to carry out work in furtherance of the
employer's business enterprise only where such discriminatory conduct
was committed in the course of such employment and the employer had
actual knowledge of and acquiesced in such conduct.
d. Where liability of an employer has been established pursuant to
this section and is based solely on the conduct of an employee, agent,
or independent contractor, the employer shall be permitted to plead and
prove that prior to the discriminatory conduct for which it was found
liable it had:
(1) Established and complied with policies, programs and procedures
for the prevention and detection of unlawful discriminatory practices by
employees, agents and persons employed as independent contractors,
including but not limited to:
(i) A meaningful and responsive procedure for investigating complaints
of discriminatory practices by employees, agents and persons employed as
independent contractors and for taking appropriate action against those
persons who are found to have engaged in such practices;
(ii) A firm policy against such practices which is effectively
communicated to employees, agents and persons employed as independent
contractors;
(iii) A program to educate employees and agents about unlawful
discriminatory practices under local, state and federal law; and
(iv) Procedures for the supervision of employees and agents and for
the oversight of persons employed as independent contractors
specifically directed at the prevention and detection of such practices;
and
(2) A record of no, or relatively few, prior incidents of
discriminatory conduct by such employee, agent or person employed as an
independent contractor or other employees, agents or persons employed as
independent contractors.
e. The demonstration of any or all of the factors listed above in
addition to any other relevant factors shall be considered in mitigation
of the amount of civil penalties to be imposed by the commission
pursuant to this chapter or in mitigation of civil penalties or punitive
damages which may be imposed pursuant to chapter four or five of this
title and shall be among the factors considered in determining an
employer's liability under subparagraph three of paragraph b of this
subdivision.
f. The commission may establish by rule policies, programs and
procedures which may be implemented by employers for the prevention and
detection of unlawful discriminatory practices by employees, agents and
persons employed as independent contractors. Notwithstanding any other
provision of law to the contrary, an employer found to be liable for an
unlawful discriminatory practice based solely on the conduct of an
employee, agent or person employed as an independent contractor who
pleads and proves that such policies, programs and procedures had been
implemented and complied with at the time of the unlawful conduct shall
not be liable for any civil penalties which may be imposed pursuant to
this chapter or any civil penalties or punitive damages which may be
imposed pursuant to chapter four or five of this title for such unlawful
discriminatory practices.
14. Applicability; alienage or citizenship status. Notwithstanding any
other provision of this section, it shall not be an unlawful
discriminatory practice for any person to discriminate on the ground of
alienage or citizenship status, or to make any inquiry as to a person's
alienage or citizenship status, or to give preference to a person who is
a citizen or national of the United States over an equally qualified
person who is an alien, when such discrimination is required or when
such preference is expressly permitted by any law or regulation of the
United States, the state of New York or the city of New York, and when
such law or regulation does not provide that state or local law may be
more protective of aliens; provided, however, that this provision shall
not prohibit inquiries or determinations based on alienage or
citizenship status when such actions are necessary to obtain the
benefits of a federal program. An applicant for a license or permit
issued by the city of New York may be required to be authorized to work
in the United States whenever by law or regulation there is a limit on
the number of such licenses or permits which may be issued.
15. Applicability; persons with disabilities.
(a) Requirement to make reasonable accommodation to the needs of
persons with disabilities. Except as provided in paragraph (b), any
person prohibited by the provisions of this section from discriminating
on the basis of disability shall make reasonable accommodation to enable
a person with a disability to satisfy the essential requisites of a job
or enjoy the right or rights in question provided that the disability is
known or should have been known by the covered entity.
(b) Affirmative defense in disability cases. In any case where the
need for reasonable accommodation is placed in issue, it shall be an
affirmative defense that the person aggrieved by the alleged
discriminatory practice could not, with reasonable accommodation,
satisfy the essential requisites of the job or enjoy the right or rights
in question.
(c) Use of drugs or alcohol. Nothing contained in this chapter shall
be construed to prohibit a covered entity from (i) prohibiting the
illegal use of drugs or the use of alcohol at the workplace or on duty
impairment from the illegal use of drugs or the use of alcohol, or (ii)
conducting drug testing which is otherwise lawful.
16. Applicability; sexual orientation.
Nothing in this chapter shall be construed to:
a. Restrict an employer's right to insist that an employee meet bona
fide job-related qualifications of employment;
b. Authorize or require employers to establish affirmative action
quotas based on sexual orientation or to make inquiries regarding the
sexual orientation of current or prospective employees;
c. Limit or override the present exemptions in the human rights law,
including those relating to employment concerns employing fewer than
four persons, as provided in subdivision five of section 8-102;
owner-occupied dwellings, as provided in paragraph (a) of subdivision
five of section 8-107; or any religious or denominational institution or
organization, or any organization operated for charitable or educational
purposes, which is operated, supervised or controlled by or in
connection with a religious organization, as provided in subdivision
twelve of section 8-107 of this chapter;
d. Make lawful any act that violates the penal law of the state of New
York; or
e. Endorse any particular behavior or way of life.
17. Disparate impact.
a. An unlawful discriminatory practice based upon disparate impact is
established when:
(1) the commission or a person who may bring an action under chapter
four or five of this title demonstrates that a policy or practice of a
covered entity or a group of policies or practices of a covered entity
results in a disparate impact to the detriment of any group protected by
the provisions of this chapter; and
(2) the covered entity fails to plead and prove as an affirmative
defense that each such policy or practice bears a significant
relationship to a significant business objective of the covered entity
or does not contribute to the disparate impact; provided, however, that
if the commission or such person who may bring an action demonstrates
that a group of policies or practices results in a disparate impact, the
commission or such person shall not be required to demonstrate which
specific policies or practices within the group results in such
disparate impact; provided further, that a policy or practice or group
of policies or practices demonstrated to result in a disparate impact
shall be unlawful where the commission or such person who may bring an
action produces substantial evidence that an alternative policy or
practice with less disparate impact is available to the covered entity
and the covered entity fails to prove that such alternative policy or
practice would not serve the covered entity as well. "Significant
business objective" shall include, but not be limited to, successful
performance of the job.
b. The mere existence of a statistical imbalance between a covered
entity's challenged demographic composition and the general population
is not alone sufficient to establish a prima facie case of disparate
impact violation unless the general population is shown to be the
relevant pool for comparison, the imbalance is shown to be statistically
significant and there is an identifiable policy or practice or group of
policies or practices that allegedly causes the imbalance.
c. Nothing contained in this subdivision shall be construed to mandate
or endorse the use of quotas; provided, however, that nothing contained
in this subdivision shall be construed to limit the scope of the
commission's authority pursuant to sections 8-115 and 8-120 of this
chapter or to affect court-ordered remedies or settlements that are
otherwise in accordance with law.
18. Unlawful boycott or blacklist. It shall be an unlawful
discriminatory practice (i) for any person to discriminate against,
boycott or blacklist or to refuse to buy from, sell to or trade with,
any person, because of such person's actual or perceived race, creed,
color, national origin, gender, disability, age, marital status,
partnership status, sexual orientation or alienage or citizenship status
or of such person's partners, members, stockholders, directors,
officers, managers, superintendents, agents, employees, business
associates, suppliers or customers, or (ii) for any person willfully 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;
(b) Boycotts to protest unlawful discriminatory practices; or
(c) Any form of expression that is protected by the First Amendment.
19. Interference with protected rights. It shall be an unlawful
discriminatory practice for any person to coerce, intimidate, threaten
or interfere with, or attempt to coerce, intimidate, threaten or
interfere with, any person in the exercise or enjoyment of, or on
account of his or her having aided or encouraged any other person in the
exercise or enjoyment of, any right granted or protected pursuant to
this section.
20. Relationship or association. The provisions of this section set
forth as unlawful discriminatory practices shall be construed to
prohibit such discrimination against a person because of the actual or
perceived race, creed, color, national origin, disability, age, sexual
orientation or alienage or citizenship status of a person with whom such
person has a known relationship or association.
Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
