2006 New York Code - Unlawful Discriminatory Practices.



 
    §  296.  Unlawful discriminatory practices. 1. It shall be an unlawful
  discriminatory practice:
    (a) For an employer or licensing agency, because  of  the  age,  race,
  creed, color, national origin, sexual orientation, military status, sex,
  disability,  predisposing  genetic characteristics, or marital status of
  any individual, to refuse to hire or employ or to bar  or  to  discharge
  from   employment  such  individual  or  to  discriminate  against  such
  individual in compensation or in  terms,  conditions  or  privileges  of
  employment.
    (b)  For  an  employment agency to discriminate against any individual
  because of age, race, creed, color, national origin, sexual orientation,
  military status, sex, disability, predisposing genetic  characteristics,
  or  marital  status,  in  receiving, classifying, disposing or otherwise
  acting upon applications for its services or in referring  an  applicant
  or applicants to an employer or employers.
    (c)  For a labor organization, because of the age, race, creed, color,
  national origin, sexual orientation, military status,  sex,  disability,
  predisposing   genetic   characteristics,   or  marital  status  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
  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,  sexual  orientation,
  military  status, sex, disability, predisposing genetic characteristics,
  or  marital  status,  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 insure the fairest possible and equal opportunities
  for employment in the civil service for all persons, regardless of  age,
  race,  creed,  color,  national  origin,  sexual  orientation,  military
  status,  sex,  disability,  predisposing  genetic  characteristics,   or
  marital status.
    (e)  For  any  employer,  labor  organization  or employment agency to
  discharge, expel or otherwise discriminate against any person because he
  or she has opposed any practices forbidden under this article or because
  he or she has filed a complaint, testified 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.
    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, sexual orientation, military status,  sex,  age,
  disability,   or  marital  status,  the  right  to  be  admitted  to  or
  participate in a guidance program, an apprenticeship  training  program,
  on-the-job  training  program,  executive  training  program,  or  other
  occupational training or retraining program;
    (c) To discriminate against any person in his or her 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,  sexual  orientation,  military  status,   sex,   age,
  disability or marital status;
    (d)  To  print  or  circulate or cause to be printed or circulated any
  statement,  advertisement  or  publication,  or  to  use  any  form   of
  application  for such programs 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, sexual orientation, military status,  sex,  age,  disability  or
  marital   status,   or  any  intention  to  make  any  such  limitation,
  specification  or  discrimination,  unless  based   on   a   bona   fide
  occupational qualification.
    2. (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, sexual orientation,
  military status, sex, or disability or marital  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,
  including the extension  of  credit,  or,  directly  or  indirectly,  to
  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
  shall be refused, withheld from or denied to any person  on  account  of
  race,  creed,  color,  national  origin,  sexual  orientation,  military
  status, sex, or disability or marital status, or that the  patronage  or
  custom  thereat  of  any person of or purporting to be of any particular
  race,  creed,  color,  national  origin,  sexual  orientation,  military
  status,  sex  or  marital  status,  or having a disability is unwelcome,
  objectionable or not acceptable, desired or solicited.
    (b) Nothing in this subdivision shall  be  construed  to  prevent  the
  barring of any person, because of the sex of such person, from places of
  public  accommodation,  resort  or  amusement  if the division grants an
  exemption based on bona fide considerations of public policy; nor  shall
  this subdivision apply to the rental of rooms in a housing accommodation
  which restricts such rental to individuals of one sex.
    2-a.  It  shall  be an unlawful discriminatory practice for the owner,
  lessee, sub-lessee, assignee, or  managing  agent  of  publicly-assisted
  housing  accommodations or other person having the right of ownership or
  possession of or the right to rent or lease such accommodations:
    (a) To refuse to sell, rent or  lease  or  otherwise  to  deny  to  or
  withhold from any person or group of persons such housing accommodations
  because  of  the race, creed, color, disability, national origin, sexual
  orientation, military status, age,  sex,  marital  status,  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 race,
  creed, color, disability, national origin, sexual orientation,  military
  status,  age,  sex,  marital  status,  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
  concerning the race, creed, color, disability, national  origin,  sexual
  orientation, membership in the reserve armed forces of the United States
  or  in  the organized militia of the state, age, sex, marital status, or
  familial  status  of  a  person   seeking   to   rent   or   lease   any
  publicly-assisted housing accommodation; provided, however, that nothing
  in  this subdivision shall prohibit a member of the reserve armed forces
  of the United States or in the  organized  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
  application   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, sexual
  orientation, military status, sex, age, disability, marital  status,  or
  familial   status,   or   any   intent  to  make  any  such  limitation,
  specification or discrimination.
    (d) (1) To refuse to permit, at the  expense  of  the  person  with  a
  disability, reasonable modifications of existing premises occupied or to
  be occupied by the said person, if the modifications may be necessary to
  afford  the  said  person  full enjoyment of the premises, in conformity
  with the provisions of the New York state uniform  fire  prevention  and
  building  code,  except that, in the case of a rental, the landlord may,
  where it is reasonable to do so, condition permission for a modification
  on the renter's agreeing to restore the interior of the premises to  the
  condition that existed before the modification, reasonable wear and tear
  excepted.
    (2)  To  refuse  to make reasonable accommodations in rules, policies,
  practices, or services, when such accommodations  may  be  necessary  to
  afford  a  person with a disability equal opportunity to use and enjoy a
  dwelling or
    (3)  In  connection  with  the  design  and  construction  of  covered
  multi-family  dwellings  for  first  occupancy  after  March thirteenth,
  nineteen hundred ninety-one, a failure to design and construct dwellings
  in accordance with the accessibility requirements of the New York  state
  uniform fire prevention and building code, to provide that:
    (i)  The  public  use  and  common  use  portions of the dwellings are
  readily accessible to and usable by disabled persons with disabilities;
    (ii) All the doors are designed in accordance with the New York  state
  uniform  fire  prevention  and  building  code to allow passage into and
  within all premises and  are  sufficiently  wide  to  allow  passage  by
  persons in wheelchairs; and
    (iii)  All premises within covered multi-family dwelling units contain
  an accessible route into  and  through  the  dwelling;  light  switches,
  electrical outlets, thermostats, and other environmental controls are in
  accessible  locations; there are reinforcements in the bathroom walls to
  allow later installation of grab bars; and there are usable kitchens and
  bathrooms such that an individual in a wheelchair can maneuver about the
  space, in conformity with the New York state uniform fire prevention and
  building code.
    (e) Nothing in this subdivision shall restrict  the  consideration  of
  age  in  the  rental  of publicly-assisted housing accommodations if the
  division grants an exemption 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.
    (f) Nothing in this subdivision shall be deemed to restrict the rental
  of  rooms  in  school  or college dormitories to individuals of the same
  sex.
    3. (a)  It  shall  be  an  unlawful  discriminatory  practice  for  an
  employer,  licensing  agency, employment agency or labor organization to
  refuse to provide reasonable accommodations to the known disabilities of
  an employee, prospective employee or member in connection with a job  or
  occupation sought or held or participation in a training program.
    (b)  Nothing  contained  in  this  subdivision  shall  be construed to
  require provision of accommodations which can be demonstrated to  impose
  an undue hardship on the operation of an employer's, licensing agency's,
  employment   agency's  or  labor  organization's  business,  program  or
  enterprise.
    In making such a demonstration  with  regard  to  undue  hardship  the
  factors to be considered include:
    (i)  The  overall  size  of  the  business, program or enterprise with
  respect to the number of employees, number and type of  facilities,  and
  size of budget;
    (ii)  The  type of operation which the business, program or enterprise
  is engaged in, including the composition and structure of the workforce;
  and
    (iii) The nature and cost of the accommodation needed.
    3-a. It shall be an unlawful discriminatory practice:
    (a) For an employer or licensing agency to refuse to hire or employ or
  license or to bar or to terminate from employment an individual eighteen
  years of age or older, or to discriminate  against  such  individual  in
  promotion,  compensation  or  in  terms,  conditions,  or  privileges of
  employment, because of such individual's age.
    (b) For any employer, licensing agency or employment agency  to  print
  or  circulate  or  cause  to  be  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 on account of age respecting individuals
  eighteen  years  of  age  or  older,  or  any  intent  to  make any such
  limitation, specification, or discrimination.
    (c) For  any  employer,  licensing  agency  or  employment  agency  to
  discharge or otherwise discriminate against any person because he or she
  has  opposed any practices forbidden under this article or because he or
  she has filed a complaint, testified or assisted in any proceeding under
  this article.
    (d) Notwithstanding any other provision of law, no employee  shall  be
  subject  to  termination  or  retirement from employment on the basis of
  age,  except  where  age  is  a  bona  fide  occupational  qualification
  reasonably  necessary  to the normal operation of a particular business,
  where the differentiation is based on reasonable factors other than age,
  or as otherwise specified in paragraphs (e) and (f) of this  subdivision
  or in article fourteen-A of the retirement and social security law.
    (e)  Nothing  contained  in  this subdivision or in subdivision one of
  this section shall be construed to prevent the compulsory retirement  of
  any  employee  who  has attained sixty-five years of age, and who, for a
  two-year period immediately before retirement, is  employed  in  a  bona
  fide  executive  or  a  high  policymaking position, if such employee is
  entitled to an immediate nonforfeitable annual retirement benefit from a
  pension, profit-sharing, savings, or deferred compensation plan, or  any
  combination  of  such  plans,  of  the  employer of such employee, which
  equals, in the aggregate, at least forty-four thousand dollars; provided
  that  for  the  purposes  of  this  paragraph  only, the term "employer"
  includes any employer as otherwise defined in this article but does  not
  include (i) the state of New York, (ii) a county, city, town, village or
  any  other political subdivision or civil division of the state, (iii) a
  school district or any other  governmental  entity  operating  a  public
  school,  college  or  university,  (iv)  a public improvement or special
  district,  (v)  a  public  authority,  commission  or   public   benefit
  corporation,   or   (vi)   any   other   public   corporation,   agency,
  instrumentality or unit of government which exercises governmental power
  under the laws of the state. In applying the retirement benefit test  of
  this paragraph, if any such retirement benefit is in a form other than a
  straight  life  annuity  with  no  ancillary  benefits,  or if employees
  contribute to any such plan or make rollover contributions, such benefit
  shall be adjusted in accordance with rules and  regulations  promulgated
  by  the  division,  after an opportunity for public hearing, so that the
  benefit is the equivalent of a straight life annuity with  no  ancillary
  benefits  under  a  plan  to which employees do not contribute and under
  which no rollover contributions are made.
    (f) Nothing contained in this subdivision, in subdivision one of  this
  section  or  in article fourteen-A of the retirement and social security
  law shall be construed to  prevent  the  compulsory  retirement  of  any
  employee  who  has  attained seventy years of age and is serving under a
  contract for unlimited tenure, or a similar  arrangement  providing  for
  unlimited  tenure,  at  a nonpublic institution of higher education. For
  purposes of such subdivisions  or  article,  the  term  "institution  of
  higher  education"  means an educational institution which (i) admits as
  regular students only persons having a certificate of graduation from  a
  school  providing  secondary  education, or the recognized equivalent of
  such a certificate, (ii) is lawfully authorized to provide a program  of
  education  beyond secondary education, and (iii) provides an educational
  program for which it awards a bachelor's degree  or  provides  not  less
  than  a two-year program which is acceptable for full credit toward such
  a degree.
    (g) In the  event  of  a  conflict  between  the  provisions  of  this
  subdivision  and  the provisions of article fourteen-A of the retirement
  and social security law, the provisions of article  fourteen-A  of  such
  law shall be controlling.
    But  nothing contained in this subdivision, in subdivision one of this
  section or in article fourteen-A of the retirement and  social  security
  law  shall  be construed to prevent the termination of the employment of
  any person who, even upon the provision of reasonable accommodations, is
  physically unable to  perform  his  or  her  duties  or  to  affect  the
  retirement  policy or system of any employer where such policy or system
  is not merely a subterfuge to evade the purposes of said subdivisions or
  said article; nor shall anything in such subdivisions or such article be
  deemed to preclude the varying of insurance coverages  according  to  an
  employee's age.
    The  provisions  of  this subdivision shall not affect any restriction
  upon the activities of persons licensed by the  state  liquor  authority
  with respect to persons under twenty-one years of age.
    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
  or any of its  stockholders  or  members  may  benefit  financially,  to
  represent  that  a  change  has  occurred  or  will  or may occur in the
  composition with respect to race, creed, color, national origin,  sexual
  orientation,  military  status,  sex,  disability,  marital  status,  or
  familial 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
  consequences 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 education
  corporation or association which holds itself out to the  public  to  be
  non-sectarian  and  exempt  from  taxation pursuant to the provisions of
  article four of the real property  tax  law  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  race,  color,
  religion,  disability,  national  origin,  sexual  orientation, military
  status, sex, age or marital status, 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.
    5. (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, sexual orientation, military
  status, sex, age, disability, marital status, 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.
    (2) To discriminate against any person because of race, creed,  color,
  national   origin,   sexual  orientation,  military  status,  sex,  age,
  disability, marital status, 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  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
  application   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, sexual
  orientation, military status, sex, age, disability, marital  status,  or
  familial   status,   or   any   intent  to  make  any  such  limitation,
  specification or discrimination.
    The provisions of this paragraph (a) shall not apply (1) to the rental
  of  a  housing  accommodation  in  a  building  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 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.
    (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,  sexual  orientation,  military
  status, sex, age, disability, marital status, 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;
    (2) To discriminate against any person because of race, creed,  color,
  national   origin,   sexual  orientation,  military  status,  sex,  age,
  disability, marital status, or familial status in the terms,  conditions
  or  privileges  of  the  sale,  rental  or  lease  of  any  such land 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
  application 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,  sexual
  orientation,  military  status, sex, age, disability, marital status, or
  familial  status;  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
  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.
    (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,  sexual  orientation,  military
  status, sex, age, disability, marital status, or familial status of such
  person  or persons, 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 accommodation, land or commercial space or any facilities of
  any housing accommodation, land or commercial space from any  person  or
  group  of  persons  because  of the race, creed, color, national origin,
  sexual orientation,  military  status,  sex,  age,  disability,  marital
  status, or familial status of such person or persons.
    (2)  To  print  or  circulate or cause to be 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 to make any record or inquiry
  in connection with the prospective purchase,  rental  or  lease  of  any
  housing   accommodation,  land  or  commercial  space  which  expresses,
  directly or indirectly, any limitation, specification, or discrimination
  as to race, creed, color, national origin, sexual orientation,  military
  status, sex, age, disability, marital status, or familial status; or any
  intent to make any such limitation, specification 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 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 housing 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, sexual
  orientation, military status, age, sex, disability, marital  status,  or
  familial  status  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.
    (e) It shall be an unlawful discriminatory  practice  for  the  owner,
  proprietor  or  managing  agent  of, or other person having the right to
  provide care and  services  in,  a  private  proprietary  nursing  home,
  convalescent home, or home for adults, or an intermediate care facility,
  as  defined  in  section  two  of  the  social  services law, heretofore
  constructed, or to be constructed, or any agent or employee thereof,  to
  refuse  to  provide  services  and  care in such home or facility to any
  individual or to discriminate  against  any  individual  in  the  terms,
  conditions, and privileges of such services and care solely because such
  individual  is  a blind person. For purposes of this paragraph, a "blind
  person" shall mean a person who is registered as a blind person with the
  commission for the visually handicapped and who meets the definition  of
  a  "blind  person"  pursuant  to  section  three of chapter four hundred
  fifteen of the laws of nineteen hundred thirteen  entitled  "An  act  to
  establish a state commission for improving the condition of the blind of
  the state of New York, and making an appropriation therefor".
    (f)  The  provisions of this subdivision, as they relate to age, shall
  not apply to persons under the age of eighteen years.
    (g) It shall be an unlawful discriminatory  practice  for  any  person
  offering  or  providing housing accommodations, land or commercial space
  as described in paragraphs (a), (b), and (c) of this subdivision to make
  or cause to be made any written or oral  inquiry  or  record  concerning
  membership  of  any person in the state organized militia in relation to
  the purchase, rental or lease of such housing  accommodation,  land,  or
  commercial  space,  provided,  however, that nothing in this subdivision
  shall prohibit a member of the state organized militia from  voluntarily
  disclosing such membership.
    6.  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 article, or to attempt to do so.
    7.  It  shall  be  an  unlawful discriminatory practice for any person
  engaged in any activity to which this section applies  to  retaliate  or
  discriminate  against  any  person  because  he  or  she has opposed any
  practices forbidden under this article or because he or she has filed  a
  complaint, testified or assisted in any proceeding under this article.
    8.  It shall be an unlawful discriminatory practice for any party to a
  conciliation agreement made pursuant to section two hundred ninety-seven
  of this article to violate the terms of such agreement.
    9. (a) It shall be an unlawful discriminatory practice  for  any  fire
  department  or  fire  company  therein,  through  any  member or members
  thereof, 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 department or fire  company  therein,  because  of  the
  race,  creed,  color,  national  origin,  sexual  orientation,  military
  status, sex or marital status of such individual.
    (b)  Upon  a  complaint  to  the  division,  as  provided  for   under
  subdivision one of section two hundred ninety-seven of this article, and
  in  the  event  the  commissioner  finds that an unlawful discriminatory
  practice has been engaged in, the board of fire commissioners  or  other
  body  or  office  having  power of appointment of volunteer firefighters
  shall be served with any  order  required,  under  subdivision  four  of
  section two hundred ninety-seven of this article, to be served on any or
  all  respondents  requiring  such respondent or respondents to cease and
  desist  from  such  unlawful  discriminatory  practice   and   to   take
  affirmative  action. Such board shall have the duty and power to appoint
  as  a  volunteer  firefighter,  notwithstanding  any  other  statute  or
  provision of law or by-law of any volunteer fire company, any individual
  whom  the  commissioner  has determined to be the subject of an unlawful
  discriminatory practice under this subdivision. Unless  such  board  has
  been  found  to  have  engaged  in  an unlawful discriminatory practice,
  service upon such board of such order shall not constitute such board or
  its members as a respondent nor constitute  a  finding  of  an  unlawful
  discriminatory practice against such board or its members.
    10.  (a)  It  shall  be  an  unlawful  discriminatory practice for any
  employer, or an employee or agent thereof, to impose upon a person as  a
  condition  of obtaining or retaining employment, including opportunities
  for promotion, advancement or transfers, any terms  or  conditions  that
  would require such person to violate or forego a sincerely held practice
  of  his  or her religion, including but not limited to the observance of
  any particular day or days or any portion thereof as a sabbath or  other
  holy  day  in  accordance  with the requirements of his or her religion,
  unless, after engaging in a bona fide effort, the employer  demonstrates
  that   it   is  unable  to  reasonably  accommodate  the  employee's  or
  prospective employee's sincerely held religious observance  or  practice
  without  undue  hardship  on  the  conduct  of  the employer's business.
  Notwithstanding any other provision of law to the contrary, an  employee
  shall  not  be  entitled  to  premium wages or premium benefits for work
  performed during hours to which such premium wages or  premium  benefits
  would  ordinarily  be applicable, if the employee is working during such
  hours only as an accommodation to his or her  sincerely  held  religious
  requirements.  Nothing  in  this  paragraph  or  paragraph  (b)  of this
  subdivision shall alter or abridge the rights  granted  to  an  employee
  concerning  the  payment of wages or privileges of seniority accruing to
  that employee.
    (b) Except where  it  would  cause  an  employer  to  incur  an  undue
  hardship,  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  his  or  her religion, he or she observes as his or her
  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 reasonable judgment of the  employer,
  be  made  up  by  an  equivalent  amount  of time and work at some other
  mutually convenient time, or shall be charged against any leave with pay
  ordinarily granted, other than sick leave,  provided  further,  however,
  that  any  such absence not so made up or charged, may be treated by the
  employer of such person as leave taken without pay.
    (c) It shall be an unlawful discriminatory practice for an employer to
  refuse to permit an employee to utilize leave, as provided in  paragraph
  (b)  of  this  subdivision,  solely  because  the leave will be used for
  absence from work to accommodate the employee's sincerely held religious
  observance or practice.
    (d) As used in this subdivision: (1) "undue hardship"  shall  mean  an
  accommodation  requiring  significant expense or difficulty (including a
  significant interference with the safe or  efficient  operation  of  the
  workplace or a violation of a bona fide seniority system). Factors to be
  considered in determining whether the accommodation constitutes an undue
  economic hardship shall include, but not be limited to:
    (i) the identifiable cost of the accommodation, including the costs of
  loss   of   productivity   and  of  retaining  or  hiring  employees  or
  transferring employees from one facility to another, in relation to  the
  size and operating cost of the employer;
    (ii)   the   number  of  individuals  who  will  need  the  particular
  accommodation to a sincerely held religious observance or practice; and
    (iii) for an employer with multiple facilities, the  degree  to  which
  the  geographic separateness or administrative or fiscal relationship of
  the facilities will make the accommodation more difficult or expensive.
    Provided, however, an accommodation shall be considered to  constitute
  an  undue  hardship if it will result in the inability of an employee to
  perform the essential functions of the position in which he  or  she  is
  employed.
    (2)  "premium  wages" shall include overtime pay and compensatory time
  off, and additional remuneration for night, weekend or holiday work,  or
  for standby or irregular duty.
    (3)  "premium  benefit"  shall  mean  an  employment  benefit, such as
  seniority, group life insurance, health insurance, disability insurance,
  sick leave, annual leave, or an educational or pension benefit  that  is
  greater  than  the employment benefit due the employee for an equivalent
  period of work  performed  during  the  regular  work  schedule  of  the
  employee.
    In the case of any employer other than the state, any of its political
  subdivisions  or  any  school district, this subdivision shall not apply
  where the uniform application of terms and conditions of  attendance  to
  employees  is  essential  to  prevent  undue  economic  hardship  to the
  employer.  In  any  proceeding  in  which  the  applicability  of   this
  subdivision is in issue, the burden of proof shall be upon the employer.
  If  any  question  shall arise whether a particular position or class of
  positions is excepted from this  subdivision  by  this  paragraph,  such
  question  may  be  referred  in  writing  by  any  party  claimed  to be
  aggrieved, in the case of any position of employment by the state or any
  of  its  political  subdivisions,  except by any school district, to the
  civil service commission, in the case of any position of  employment  by
  any  school  district,  to  the  commissioner  of  education,  who shall
  determine such question and in the case of any other employer,  a  party
  claiming to be aggrieved may file a complaint with the division pursuant
  to  this article. Any such determination by the civil service commission
  shall be reviewable in the manner provided by article  seventy-eight  of
  the  civil  practice  law  and  rules  and any such determination by the
  commissioner of education shall be reviewable in the manner and  to  the
  same  extent  as  other determinations of the commissioner under section
  three hundred ten of the education law.
    11. 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  taking  such  action  as  is
  calculated  by such organization to promote the religious principles for
  which it is established or maintained.
    12. Notwithstanding the provisions  of  subdivisions  one,  one-a  and
  three-a  of  this  section,  it  shall not be an unlawful discriminatory
  practice for an employer, employment agency, labor organization or joint
  labor-management  committee  to  carry  out  a  plan,  approved  by  the
  division,  to increase the employment of members of a minority group (as
  may be defined pursuant to the regulations of the division) which has  a
  state-wide   unemployment   rate  that  is  disproportionately  high  in
  comparison  with  the  state-wide  unemployment  rate  of  the   general
  population. Any plan approved under this subdivision shall be in writing
  and  the  division's  approval thereof shall be for a limited period and
  may be rescinded at any time by the division.
    13. 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 the  race,  creed,  color,
  national  origin,  sexual  orientation,  military  status or sex 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.
    14. It shall be an unlawful discriminatory  practice  for  any  person
  engaged  in any activity covered by this section to discriminate against
  a blind person, a hearing impaired person who has a  hearing  impairment
  manifested  by a speech discrimination score of forty percent or less in
  the better ear with appropriate correction as certified  by  a  licensed
  audiologist  or  otolaryngologist  as  defined  in section seven hundred
  eighty-nine of the general business law or a physician who has  examined
  such person pursuant to the provisions of article thirty-seven-A of such
  law  or  a  person with a disability on the basis of his or her use of a
  guide dog, hearing dog or service dog.
    15. It shall be an unlawful discriminatory practice  for  any  person,
  agency,  bureau, corporation or association, including the state and any
  political subdivision thereof, to deny any license or employment to  any
  individual  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 upon 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.
    16.  It  shall  be  an  unlawful   discriminatory   practice,   unless
  specifically  required  or permitted by statute, for any person, agency,
  bureau,  corporation  or  association,  including  the  state  and   any
  political subdivision thereof, to make any inquiry about, whether in any
  form  of  application  or  otherwise,  or  to  act upon adversely to the
  individual  involved,  any  arrest  or  criminal  accusation   of   such
  individual  not  then pending against that individual which was followed
  by a termination of that criminal action or proceeding in favor of  such
  individual,  as  defined  in  subdivision  two  of section 160.50 of the
  criminal procedure law, in connection with the licensing, employment  or
  providing  of credit or insurance to such individual; provided, however,
  that the provisions hereof shall not apply to the  licensing  activities
  of  governmental  bodies 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.
    17. Nothing in this section shall prohibit the offer and acceptance of
  a discount to a person sixty-five years of  age  or  older  for  housing
  accommodations.
    18.  It  shall  be  an unlawful discriminatory practice for the owner,
  lessee, sub-lessee, assignee, or managing  agent  of,  or  other  person
  having  the  right of ownership of or possession of or the right to rent
  or lease housing accommodations:
    (1) To refuse to permit, at the expense of a person with a disability,
  reasonable modifications of existing premises occupied or to be occupied
  by the said person, if the modifications may be necessary to afford  the
  said  person  full  enjoyment  of  the  premises, in conformity with the
  provisions of the New York state uniform fire  prevention  and  building
  code except that, in the case of a rental, the landlord may, where it is
  reasonable  to  do  so,  condition  permission for a modification on the
  renter's agreeing to  restore  the  interior  of  the  premises  to  the
  condition that existed before the modification, reasonable wear and tear
  excepted.
    (2)  To  refuse  to make reasonable accommodations in rules, policies,
  practices, or services, when such accommodations  may  be  necessary  to
  afford  said person with a disability equal opportunity to use and enjoy
  a dwelling or
    (3)  In  connection  with  the  design  and  construction  of  covered
  multi-family  dwellings  for  first  occupancy  after  March thirteenth,
  nineteen hundred ninety-one, a failure to design and construct dwellings
  in accordance  with  the  accessibility  requirements  for  multi-family
  dwellings  found  in  the  New  York  state  uniform fire prevention and
  building code to provide that:
    (i) The public use and  common  use  portions  of  the  dwellings  are
  readily accessible to and usable by persons with disabilities;
    (ii)  All the doors are designed in accordance with the New York state
  uniform fire prevention and building code  to  allow  passage  into  and
  within  all  premises  and  are  sufficiently  wide  to allow passage by
  persons in wheelchairs; and
    (iii) All premises within covered multi-family dwelling units  contain
  an  accessible  route  into  and  through  the dwelling; light switches,
  electrical outlets, thermostats, and other environmental controls are in
  accessible locations; there are reinforcements in the bathroom walls  to
  allow later installation of grab bars; and there are usable kitchens and
  bathrooms such that an individual in a wheelchair can maneuver about the
  space, in conformity with the New York state uniform fire prevention and
  building code.
    19.  (a)  Except  as provided in paragraph (b) of this subdivision, it
  shall be an unlawful discriminatory  practice  of  any  employer,  labor
  organization,  employment  agency,  licensing  agency, or its employees,
  agents, or members:
    (1) to directly  or  indirectly  solicit,  require,  or  administer  a
  genetic test to a person, or solicit or require information from which a
  predisposing  genetic  characteristic  can be inferred as a condition of
  employment, preemployment application, labor organization membership, or
  licensure; or
    (2) to buy or otherwise acquire the results or  interpretation  of  an
  individual's   genetic   test   results  or  information  from  which  a
  predisposing genetic characteristic  can  be  inferred  or  to  make  an
  agreement  with  an individual to take a genetic test or provide genetic
  test results or such information.
    (b) An employer may require a specified genetic test as a condition of
  employment where such a test is shown to  be  directly  related  to  the
  occupational  environment,  such  that  the employee or applicant with a
  particular genetic anomaly might be at an increased risk of disease as a
  result of working in said environment.
    (c) Nothing in this section shall prohibit the genetic testing  of  an
  employee  who  requests  a  genetic  test  and  who provides written and
  informed consent to taking a genetic  test  for  any  of  the  following
  purposes:
    (1) pursuant to a workers' compensation claim;
    (2) pursuant to civil litigation; or
    (3)   to   determine  the  employee's  susceptibility  to  potentially
  carcinogenic, toxic, or  otherwise  hazardous  chemicals  or  substances
  found  in  the  workplace  environment  only  if  the  employer does not
  terminate the employee or take any other action that  adversely  affects
  any  term,  condition or privilege of employment pursuant to the genetic
  test results.
    (d) If an  employee  consents  to  genetic  testing  for  any  of  the
  aforementioned  allowable  reasons,  he or she must be given and sign an
  authorization of consent  form  which  explicitly  states  the  specific
  purpose,  uses  and  limitations  of  the genetic tests and the specific
  traits or characteristics to be tested.
    20. Nothing in this section shall prohibit the offer and acceptance of
  a discount for housing accommodations to a person with a disability,  as
  defined  in  subdivision twenty-one of section two hundred ninety-two of
  this article.

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