Bill Text: NY A07170 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Prohibits discrimination on the basis of a person's height or weight in opportunities of employment, housing, and access to public accommodations.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-05-14 - print number 7170b [A07170 Detail]
Download: New_York-2023-A07170-Introduced.html
Bill Title: Prohibits discrimination on the basis of a person's height or weight in opportunities of employment, housing, and access to public accommodations.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-05-14 - print number 7170b [A07170 Detail]
Download: New_York-2023-A07170-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7170 2023-2024 Regular Sessions IN ASSEMBLY May 11, 2023 ___________ Introduced by M. of A. L. ROSENTHAL -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, in relation to prohibiting discrimi- nation on the basis of a person's height or weight in opportunities of employment, housing, and access to public accommodations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (a), (b), (c), (d) and (h) of subdivision 1 of 2 section 296 of the executive law, as separately amended by chapters 202 3 and 748 of the laws of 2022, are amended to read as follows: 4 (a) For an employer or licensing agency, because of an individual's 5 age, race, creed, color, national origin, citizenship or immigration 6 status, sexual orientation, gender identity or expression, military 7 status, sex, height, weight, disability, predisposing genetic character- 8 istics, familial status, marital status, or status as a victim of domes- 9 tic violence, to refuse to hire or employ or to bar or to discharge from 10 employment such individual or to discriminate against such individual in 11 compensation or in terms, conditions or privileges of employment. 12 (b) For an employment agency to discriminate against any individual 13 because of age, race, creed, color, national origin, citizenship or 14 immigration status, sexual orientation, gender identity or expression, 15 military status, sex, height, weight, disability, predisposing genetic 16 characteristics, familial status, marital status, or status as a victim 17 of domestic violence, in receiving, classifying, disposing or otherwise 18 acting upon applications for its services or in referring an applicant 19 or applicants to an employer or employers. 20 (c) For a labor organization, because of the age, race, creed, color, 21 national origin, citizenship or immigration status, sexual orientation, 22 gender identity or expression, military status, sex, height, weight, 23 disability, predisposing genetic characteristics, familial status, mari- 24 tal status, or status as a victim of domestic violence, of any individ- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06818-01-3A. 7170 2 1 ual, to exclude or to expel from its membership such individual or to 2 discriminate in any way against any of its members or against any 3 employer or any individual employed by an employer. 4 (d) For any employer or employment agency to print or circulate or 5 cause to be printed or circulated any statement, advertisement or publi- 6 cation, or to use any form of application for employment or to make any 7 inquiry in connection with prospective employment, which expresses 8 directly or indirectly, any limitation, specification or discrimination 9 as to age, race, creed, color, national origin, citizenship or immi- 10 gration status, sexual orientation, gender identity or expression, mili- 11 tary status, sex, height, weight, disability, predisposing genetic char- 12 acteristics, familial status, marital status, or status as a victim of 13 domestic violence, or any intent to make any such limitation, specifica- 14 tion or discrimination, unless based upon a bona fide occupational qual- 15 ification; provided, however, that neither this paragraph nor any 16 provision of this chapter or other law shall be construed to prohibit 17 the department of civil service or the department of personnel of any 18 city containing more than one county from requesting information from 19 applicants for civil service examinations concerning any of the afore- 20 mentioned characteristics, other than sexual orientation, for the 21 purpose of conducting studies to identify and resolve possible problems 22 in recruitment and testing of members of minority groups to ensure the 23 fairest possible and equal opportunities for employment in the civil 24 service for all persons, regardless of age, race, creed, color, national 25 origin, citizenship or immigration status, sexual orientation or gender 26 identity or expression, military status, sex, height, weight, disabili- 27 ty, predisposing genetic characteristics, familial status, or marital 28 status. 29 (h) For an employer, licensing agency, employment agency or labor 30 organization to subject any individual to harassment because of an indi- 31 vidual's age, race, creed, color, national origin, citizenship or immi- 32 gration status, sexual orientation, gender identity or expression, mili- 33 tary status, sex, height, weight, disability, predisposing genetic 34 characteristics, familial status, marital status, status as a victim of 35 domestic violence, or because the individual has opposed any practices 36 forbidden under this article or because the individual has filed a 37 complaint, testified or assisted in any proceeding under this article, 38 regardless of whether such harassment would be considered severe or 39 pervasive under precedent applied to harassment claims. Such harassment 40 is an unlawful discriminatory practice when it subjects an individual to 41 inferior terms, conditions or privileges of employment because of the 42 individual's membership in one or more of these protected categories. 43 The fact that such individual did not make a complaint about the harass- 44 ment to such employer, licensing agency, employment agency or labor 45 organization shall not be determinative of whether such employer, 46 licensing agency, employment agency or labor organization shall be 47 liable. Nothing in this section shall imply that an employee must demon- 48 strate the existence of an individual to whom the employee's treatment 49 must be compared. It shall be an affirmative defense to liability under 50 this subdivision that the harassing conduct does not rise above the 51 level of what a reasonable victim of discrimination with the same 52 protected characteristic or characteristics would consider petty slights 53 or trivial inconveniences. 54 § 2. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of 55 the executive law, as separately amended by chapters 202 and 748 of the 56 laws of 2022, are amended to read as follows:A. 7170 3 1 (b) To deny to or withhold from any person because of race, creed, 2 color, national origin, citizenship or immigration status, sexual orien- 3 tation, gender identity or expression, military status, sex, height, 4 weight, age, disability, familial status, marital status, or status as a 5 victim of domestic violence, the right to be admitted to or participate 6 in a guidance program, an apprenticeship training program, on-the-job 7 training program, executive training program, or other occupational 8 training or retraining program; 9 (c) To discriminate against any person in his or her pursuit of such 10 programs or to discriminate against such a person in the terms, condi- 11 tions or privileges of such programs because of race, creed, color, 12 national origin, citizenship or immigration status, sexual orientation, 13 gender identity or expression, military status, sex, height, weight, 14 age, disability, familial status, marital status, or status as a victim 15 of domestic violence; 16 (d) To print or circulate or cause to be printed or circulated any 17 statement, advertisement or publication, or to use any form of applica- 18 tion for such programs or to make any inquiry in connection with such 19 program which expresses, directly or indirectly, any limitation, spec- 20 ification or discrimination as to race, creed, color, national origin, 21 citizenship or immigration status, sexual orientation, gender identity 22 or expression, military status, sex, height, weight, age, disability, 23 familial status, marital status, or status as a victim of domestic 24 violence, or any intention to make any such limitation, specification or 25 discrimination, unless based on a bona fide occupational qualification. 26 § 3. Paragraphs (a) and (b) of subdivision 2 of section 296 of the 27 executive law, paragraph (a) as separately amended by chapters 202 and 28 748 of the laws of 2022 and paragraph (b) as amended by chapter 166 of 29 the laws of 2000, are amended to read as follows: 30 (a) It shall be an unlawful discriminatory practice for any person, 31 being the owner, lessee, proprietor, manager, superintendent, agent or 32 employee of any place of public accommodation, resort or amusement, 33 because of the race, creed, color, national origin, citizenship or immi- 34 gration status, sexual orientation, gender identity or expression, mili- 35 tary status, sex, height, weight, disability, marital status, or status 36 as a victim of domestic violence, of any person, directly or indirectly, 37 to refuse, withhold from or deny to such person any of the accommo- 38 dations, advantages, facilities or privileges thereof, including the 39 extension of credit, or, directly or indirectly, to publish, circulate, 40 issue, display, post or mail any written or printed communication, 41 notice or advertisement, to the effect that any of the accommodations, 42 advantages, facilities and privileges of any such place shall be 43 refused, withheld from or denied to any person on account of race, 44 creed, color, national origin, citizenship or immigration status, sexual 45 orientation, gender identity or expression, military status, sex, 46 height, weight, disability or marital status, or that the patronage or 47 custom thereat of any person of or purporting to be of any particular 48 race, creed, color, national origin, citizenship or immigration status, 49 sexual orientation, gender identity or expression, military status, sex 50 or marital status, or having a disability is unwelcome, objectionable or 51 not acceptable, desired or solicited. 52 (b) Nothing in this subdivision shall be construed to prevent the 53 barring of any person, because of the sex of such person, from places of 54 public accommodation, resort or amusement if the division grants an 55 exemption based on bona fide considerations of public policy; nor shall 56 this subdivision apply to the rental of rooms in a housing accommodationA. 7170 4 1 which restricts such rental to individuals of one sex. Nothing in this 2 subdivision shall be construed to prevent the barring of any person, 3 because of height or weight of such person, from places of amusement for 4 purposes of compliance with any established state, federal, or amusement 5 industry safety standard. 6 § 4. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section 7 296 of the executive law, as separately amended by chapters 202 and 748 8 of the laws of 2022, are amended to read as follows: 9 (a) To refuse to sell, rent or lease or otherwise to deny to or with- 10 hold from any person or group of persons such housing accommodations 11 because of the race, creed, color, disability, national origin, citizen- 12 ship or immigration status, sexual orientation, gender identity or 13 expression, military status, age, sex, height, weight, marital status, 14 status as a victim of domestic violence, lawful source of income or 15 familial status of such person or persons, or to represent that any 16 housing accommodation or land is not available for inspection, sale, 17 rental or lease when in fact it is so available. 18 (b) To discriminate against any person because of his or her race, 19 creed, color, disability, national origin, citizenship or immigration 20 status, sexual orientation, gender identity or expression, military 21 status, age, sex, height, weight, marital status, status as a victim of 22 domestic violence, lawful source of income or familial status in the 23 terms, conditions or privileges of any publicly-assisted housing accom- 24 modations or in the furnishing of facilities or services in connection 25 therewith. 26 (c) To cause to be made any written or oral inquiry or record concern- 27 ing the race, creed, color, disability, national origin, citizenship or 28 immigration status, sexual orientation, gender identity or expression, 29 membership in the reserve armed forces of the United States or in the 30 organized militia of the state, age, sex, height, weight, marital 31 status, status as a victim of domestic violence, lawful source of income 32 or familial status of a person seeking to rent or lease any publicly-as- 33 sisted housing accommodation; provided, however, that nothing in this 34 subdivision shall prohibit a member of the reserve armed forces of the 35 United States or in the organized militia of the state from voluntarily 36 disclosing such membership. 37 (c-1) To print or circulate or cause to be printed or circulated any 38 statement, advertisement or publication, or to use any form of applica- 39 tion for the purchase, rental or lease of such housing accommodation or 40 to make any record or inquiry in connection with the prospective 41 purchase, rental or lease of such a housing accommodation which 42 expresses, directly or indirectly, any limitation, specification or 43 discrimination as to race, creed, color, national origin, citizenship or 44 immigration status, sexual orientation, gender identity or expression, 45 military status, sex, height, weight, age, disability, marital status, 46 status as a victim of domestic violence, lawful source of income or 47 familial status, or any intent to make any such limitation, specifica- 48 tion or discrimination. 49 § 5. Subdivisions 3-b, 4 and 13 of section 296 of the executive law, 50 as separately amended by chapters 202 and 748 of the laws of 2022, are 51 amended to read as follows: 52 3-b. It shall be an unlawful discriminatory practice for any real 53 estate broker, real estate salesperson or employee or agent thereof or 54 any other individual, corporation, partnership or organization for the 55 purpose of inducing a real estate transaction from which any such person 56 or any of its stockholders or members may benefit financially, to repre-A. 7170 5 1 sent that a change has occurred or will or may occur in the composition 2 with respect to race, creed, color, national origin, citizenship or 3 immigration status, sexual orientation, gender identity or expression, 4 military status, sex, height, weight, disability, marital status, status 5 as a victim of domestic violence, or familial status of the owners or 6 occupants in the block, neighborhood or area in which the real property 7 is located, and to represent, directly or indirectly, that this change 8 will or may result in undesirable consequences in the block, neighbor- 9 hood or area in which the real property is located, including but not 10 limited to the lowering of property values, an increase in criminal or 11 anti-social behavior, or a decline in the quality of schools or other 12 facilities. 13 4. It shall be an unlawful discriminatory practice for an educational 14 institution to deny the use of its facilities to any person otherwise 15 qualified, or to permit the harassment of any student or applicant, by 16 reason of his race, color, religion, disability, national origin, citi- 17 zenship or immigration status, sexual orientation, gender identity or 18 expression, military status, sex, height, weight, age, marital status, 19 or status as a victim of domestic violence, except that any such insti- 20 tution which establishes or maintains a policy of educating persons of 21 one sex exclusively may admit students of only one sex. 22 13. It shall be an unlawful discriminatory practice (i) for any person 23 to boycott or blacklist, or to refuse to buy from, sell to or trade 24 with, or otherwise discriminate against any person, because of the race, 25 creed, color, national origin, citizenship or immigration status, sexual 26 orientation, gender identity or expression, military status, sex, 27 height, weight, status as a victim of domestic violence, disability, or 28 familial status, or of such person, or of such person's partners, 29 members, stockholders, directors, officers, managers, superintendents, 30 agents, employees, business associates, suppliers or customers, or (ii) 31 for any person wilfully to do any act or refrain from doing any act 32 which enables any such person to take such action. This subdivision 33 shall not apply to: 34 (a) Boycotts connected with labor disputes; or 35 (b) Boycotts to protest unlawful discriminatory practices. 36 § 6. Paragraphs (a), (b), (c) and (d) of subdivision 5 of section 296 37 of the executive law, as separately amended by chapters 202 and 748 of 38 the laws of 2022, are amended to read as follows: 39 (a) It shall be an unlawful discriminatory practice for the owner, 40 lessee, sub-lessee, assignee, or managing agent of, or other person 41 having the right to sell, rent or lease a housing accommodation, 42 constructed or to be constructed, or any agent or employee thereof: 43 (1) To refuse to sell, rent, lease or otherwise to deny to or withhold 44 from any person or group of persons such a housing accommodation because 45 of the race, creed, color, national origin, citizenship or immigration 46 status, sexual orientation, gender identity or expression, military 47 status, sex, height, weight, age, disability, marital status, status as 48 a victim of domestic violence, lawful source of income or familial 49 status of such person or persons, or to represent that any housing 50 accommodation or land is not available for inspection, sale, rental or 51 lease when in fact it is so available. 52 (2) To discriminate against any person because of race, creed, color, 53 national origin, citizenship or immigration status, sexual orientation, 54 gender identity or expression, military status, sex, height, weight, 55 age, disability, marital status, status as a victim of domestic 56 violence, lawful source of income or familial status in the terms,A. 7170 6 1 conditions or privileges of the sale, rental or lease of any such hous- 2 ing accommodation or in the furnishing of facilities or services in 3 connection therewith. 4 (3) To print or circulate or cause to be printed or circulated any 5 statement, advertisement or publication, or to use any form of applica- 6 tion for the purchase, rental or lease of such housing accommodation or 7 to make any record or inquiry in connection with the prospective 8 purchase, rental or lease of such a housing accommodation which 9 expresses, directly or indirectly, any limitation, specification or 10 discrimination as to race, creed, color, national origin, citizenship or 11 immigration status, sexual orientation, gender identity or expression, 12 military status, sex, height, weight, age, disability, marital status, 13 status as a victim of domestic violence, lawful source of income or 14 familial status, or any intent to make any such limitation, specifica- 15 tion or discrimination. 16 (4) (i) The provisions of subparagraphs one and two of this paragraph 17 shall not apply (1) to the rental of a housing accommodation in a build- 18 ing which contains housing accommodations for not more than two families 19 living independently of each other, if the owner resides in one of such 20 housing accommodations, (2) to the restriction of the rental of all 21 rooms in a housing accommodation to individuals of the same sex or (3) 22 to the rental of a room or rooms in a housing accommodation, if such 23 rental is by the occupant of the housing accommodation or by the owner 24 of the housing accommodation and the owner resides in such housing 25 accommodation or (4) solely with respect to age and familial status to 26 the restriction of the sale, rental or lease of housing accommodations 27 exclusively to persons sixty-two years of age or older and the spouse of 28 any such person, or for housing intended and operated for occupancy by 29 at least one person fifty-five years of age or older per unit. In deter- 30 mining whether housing is intended and operated for occupancy by persons 31 fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 32 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall 33 apply. However, such rental property shall no longer be exempt from the 34 provisions of subparagraphs one and two of this paragraph if there is 35 unlawful discriminatory conduct pursuant to subparagraph three of this 36 paragraph. 37 (ii) The provisions of subparagraphs one, two, and three of this para- 38 graph shall not apply (1) to the restriction of the rental of all rooms 39 in a housing accommodation to individuals of the same sex, (2) to the 40 rental of a room or rooms in a housing accommodation, if such rental is 41 by the occupant of the housing accommodation or by the owner of the 42 housing accommodation and the owner resides in such housing accommo- 43 dation, or (3) solely with respect to age and familial status to the 44 restriction of the sale, rental or lease of housing accommodations 45 exclusively to persons sixty-two years of age or older and the spouse of 46 any such person, or for housing intended and operated for occupancy by 47 at least one person fifty-five years of age or older per unit. In deter- 48 mining whether housing is intended and operated for occupancy by persons 49 fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 50 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall 51 apply. 52 (b) It shall be an unlawful discriminatory practice for the owner, 53 lessee, sub-lessee, or managing agent of, or other person having the 54 right of ownership or possession of or the right to sell, rent or lease, 55 land or commercial space:A. 7170 7 1 (1) To refuse to sell, rent, lease or otherwise deny to or withhold 2 from any person or group of persons land or commercial space because of 3 the race, creed, color, national origin, citizenship or immigration 4 status, sexual orientation, gender identity or expression, military 5 status, sex, height, weight, age, disability, marital status, status as 6 a victim of domestic violence, or familial status of such person or 7 persons, or to represent that any housing accommodation or land is not 8 available for inspection, sale, rental or lease when in fact it is so 9 available; 10 (2) To discriminate against any person because of race, creed, color, 11 national origin, citizenship or immigration status, sexual orientation, 12 gender identity or expression, military status, sex, height, weight, 13 age, disability, marital status, status as a victim of domestic 14 violence, or familial status in the terms, conditions or privileges of 15 the sale, rental or lease of any such land or commercial space; or in 16 the furnishing of facilities or services in connection therewith; 17 (3) To print or circulate or cause to be printed or circulated any 18 statement, advertisement or publication, or to use any form of applica- 19 tion for the purchase, rental or lease of such land or commercial space 20 or to make any record or inquiry in connection with the prospective 21 purchase, rental or lease of such land or commercial space which 22 expresses, directly or indirectly, any limitation, specification or 23 discrimination as to race, creed, color, national origin, citizenship or 24 immigration status, sexual orientation, gender identity or expression, 25 military status, sex, height, weight, age, disability, marital status, 26 status as a victim of domestic violence, or familial status; or any 27 intent to make any such limitation, specification or discrimination. 28 (4) With respect to age and familial status, the provisions of this 29 paragraph shall not apply to the restriction of the sale, rental or 30 lease of land or commercial space exclusively to persons fifty-five 31 years of age or older and the spouse of any such person, or to the 32 restriction of the sale, rental or lease of land to be used for the 33 construction, or location of housing accommodations exclusively for 34 persons sixty-two years of age or older, or intended and operated for 35 occupancy by at least one person fifty-five years of age or older per 36 unit. In determining whether housing is intended and operated for occu- 37 pancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c) 38 (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as 39 amended, shall apply. 40 (c) It shall be an unlawful discriminatory practice for any real 41 estate broker, real estate salesperson or employee or agent thereof: 42 (1) To refuse to sell, rent or lease any housing accommodation, land 43 or commercial space to any person or group of persons or to refuse to 44 negotiate for the sale, rental or lease, of any housing accommodation, 45 land or commercial space to any person or group of persons because of 46 the race, creed, color, national origin, citizenship or immigration 47 status, sexual orientation, gender identity or expression, military 48 status, sex, height, weight, age, disability, marital status, status as 49 a victim of domestic violence, lawful source of income or familial 50 status of such person or persons, or to represent that any housing 51 accommodation, land or commercial space is not available for inspection, 52 sale, rental or lease when in fact it is so available, or otherwise to 53 deny or withhold any housing accommodation, land or commercial space or 54 any facilities of any housing accommodation, land or commercial space 55 from any person or group of persons because of the race, creed, color, 56 national origin, citizenship or immigration status, sexual orientation,A. 7170 8 1 gender identity or expression, military status, sex, height, weight, 2 age, disability, marital status, lawful source of income or familial 3 status of such person or persons. 4 (2) To print or circulate or cause to be printed or circulated any 5 statement, advertisement or publication, or to use any form of applica- 6 tion for the purchase, rental or lease of any housing accommodation, 7 land or commercial space or to make any record or inquiry in connection 8 with the prospective purchase, rental or lease of any housing accommo- 9 dation, land or commercial space which expresses, directly or indirect- 10 ly, any limitation, specification, or discrimination as to race, creed, 11 color, national origin, citizenship or immigration status, sexual orien- 12 tation, gender identity or expression, military status, sex, height, 13 weight, age, disability, marital status, status as a victim of domestic 14 violence, lawful source of income or familial status; or any intent to 15 make any such limitation, specification or discrimination. 16 (3) With respect to age and familial status, the provisions of this 17 paragraph shall not apply to the restriction of the sale, rental or 18 lease of any housing accommodation, land or commercial space exclusively 19 to persons fifty-five years of age or older and the spouse of any such 20 person, or to the restriction of the sale, rental or lease of any hous- 21 ing accommodation or land to be used for the construction or location of 22 housing accommodations for persons sixty-two years of age or older, or 23 intended and operated for occupancy by at least one person fifty-five 24 years of age or older per unit. In determining whether housing is 25 intended and operated for occupancy by persons fifty-five years of age 26 or older, Sec. 807 (b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the 27 federal Fair Housing Act of 1988, as amended, shall apply. 28 (d) It shall be an unlawful discriminatory practice for any real 29 estate board, because of the race, creed, color, national origin, citi- 30 zenship or immigration status, sexual orientation, gender identity or 31 expression, military status, age, sex, height, weight, disability, mari- 32 tal status, status as a victim of domestic violence, lawful source of 33 income or familial status of any individual who is otherwise qualified 34 for membership, to exclude or expel such individual from membership, or 35 to discriminate against such individual in the terms, conditions and 36 privileges of membership in such board. 37 § 7. Subdivisions 1, 2 and 3 of section 296-a of the executive law, as 38 separately amended by chapters 202 and 748 of the laws of 2022, are 39 amended to read as follows: 40 1. It shall be an unlawful discriminatory practice for any creditor or 41 any officer, agent or employee thereof: 42 a. In the case of applications for credit with respect to the 43 purchase, acquisition, construction, rehabilitation, repair or mainte- 44 nance of any housing accommodation, land or commercial space to discrim- 45 inate against any such applicant because of the race, creed, color, 46 national origin, citizenship or immigration status, sexual orientation, 47 gender identity or expression, military status, age, sex, height, 48 weight, marital status, status as a victim of domestic violence, disa- 49 bility, or familial status of such applicant or applicants or any 50 member, stockholder, director, officer or employee of such applicant or 51 applicants, or of the prospective occupants or tenants of such housing 52 accommodation, land or commercial space, in the granting, withholding, 53 extending or renewing, or in the fixing of the rates, terms or condi- 54 tions of, any such credit; 55 b. To discriminate in the granting, withholding, extending or renew- 56 ing, or in the fixing of the rates, terms or conditions of, any form ofA. 7170 9 1 credit, on the basis of race, creed, color, national origin, citizenship 2 or immigration status, sexual orientation, gender identity or 3 expression, military status, age, sex, height, weight, marital status, 4 status as a victim of domestic violence, disability, or familial status; 5 c. To use any form of application for credit or use or make any record 6 or inquiry which expresses, directly or indirectly, any limitation, 7 specification, or discrimination as to race, creed, color, national 8 origin, citizenship or immigration status, sexual orientation, gender 9 identity or expression, military status, age, sex, height, weight, mari- 10 tal status, status as a victim of domestic violence, disability, or 11 familial status; 12 d. To make any inquiry of an applicant concerning his or her capacity 13 to reproduce, or his or her use or advocacy of any form of birth control 14 or family planning; 15 e. To refuse to consider sources of an applicant's income or to 16 subject an applicant's income to discounting, in whole or in part, 17 because of an applicant's race, creed, color, national origin, citizen- 18 ship or immigration status, sexual orientation, gender identity or 19 expression, military status, age, sex, height, weight, marital status, 20 status as a victim of domestic violence, childbearing potential, disa- 21 bility, or familial status; 22 f. To discriminate against a married person because such person 23 neither uses nor is known by the surname of his or her spouse. 24 This paragraph shall not apply to any situation where the use of a 25 surname would constitute or result in a criminal act. 26 2. Without limiting the generality of subdivision one of this section, 27 it shall be considered discriminatory if, because of an applicant's or 28 class of applicants' race, creed, color, national origin, citizenship or 29 immigration status, sexual orientation, gender identity or expression, 30 military status, age, sex, height, weight, marital status, status as a 31 victim of domestic violence, disability, or familial status, (i) an 32 applicant or class of applicants is denied credit in circumstances where 33 other applicants of like overall credit worthiness are granted credit, 34 or (ii) special requirements or conditions, such as requiring co-obli- 35 gors or reapplication upon marriage, are imposed upon an applicant or 36 class of applicants in circumstances where similar requirements or 37 conditions are not imposed upon other applicants of like overall credit 38 worthiness. 39 3. It shall not be considered discriminatory if credit differen- 40 tiations or decisions are based upon factually supportable, objective 41 differences in applicants' overall credit worthiness, which may include 42 reference to such factors as current income, assets and prior credit 43 history of such applicants, as well as reference to any other relevant 44 factually supportable data; provided, however, that no creditor shall 45 consider, in evaluating the credit worthiness of an applicant, aggregate 46 statistics or assumptions relating to race, creed, color, national 47 origin, citizenship or immigration status, sexual orientation, gender 48 identity or expression, military status, sex, height, weight, marital 49 status, status as a victim of domestic violence or disability, or to the 50 likelihood of any group of persons bearing or rearing children, or for 51 that reason receiving diminished or interrupted income in the future. 52 § 8. Paragraphs a, b and c of subdivision 2 and paragraph b of subdi- 53 vision 3 of section 296-c of the executive law, as separately amended by 54 chapters 202 and 748 of the laws of 2022, are amended to read as 55 follows:A. 7170 10 1 a. refuse to hire or employ or to bar or to discharge from internship 2 an intern or to discriminate against such intern in terms, conditions or 3 privileges of employment as an intern because of the intern's age, race, 4 creed, color, national origin, citizenship or immigration status, sexual 5 orientation, military status, sex, height, weight, disability, predis- 6 posing genetic characteristics, marital status, or status as a victim of 7 domestic violence; 8 b. discriminate against an intern in receiving, classifying, disposing 9 or otherwise acting upon applications for internships because of the 10 intern's age, race, creed, color, national origin, citizenship or immi- 11 gration status, sexual orientation, military status, sex, height, 12 weight, disability, predisposing genetic characteristics, marital 13 status, or status as a victim of domestic violence; 14 c. print or circulate or cause to be printed or circulated any state- 15 ment, advertisement or publication, or to use any form of application 16 for employment as an intern or to make any inquiry in connection with 17 prospective employment, which expresses directly or indirectly, any 18 limitation, specification or discrimination as to age, race, creed, 19 color, national origin, citizenship or immigration status, sexual orien- 20 tation, military status, sex, height, weight, disability, predisposing 21 genetic characteristics, marital status or status as a victim of domes- 22 tic violence, or any intent to make any such limitation, specification 23 or discrimination, unless based upon a bona fide occupational qualifica- 24 tion; provided, however, that neither this paragraph nor any provision 25 of this chapter or other law shall be construed to prohibit the depart- 26 ment of civil service or the department of personnel of any city 27 containing more than one county from requesting information from appli- 28 cants for civil service internships or examinations concerning any of 29 the aforementioned characteristics, other than sexual orientation, for 30 the purpose of conducting studies to identify and resolve possible prob- 31 lems in recruitment and testing of members of minority groups to ensure 32 the fairest possible and equal opportunities for employment in the civil 33 service for all persons, regardless of age, race, creed, color, national 34 origin, citizenship or immigration status, sexual orientation, military 35 status, sex, height, weight, disability, predisposing genetic character- 36 istics, marital status or status as a victim of domestic violence; 37 b. subject an intern to unwelcome harassment based on age, sex, 38 height, weight, race, creed, color, sexual orientation, military status, 39 disability, predisposing genetic characteristics, marital status, status 40 as a victim of domestic violence, national origin, or citizenship or 41 immigration status, or where such harassment has the purpose or effect 42 of unreasonably interfering with the intern's work performance by creat- 43 ing an intimidating, hostile, or offensive working environment. 44 § 9. This act shall not annul, alter, affect or exempt any employer 45 subject to the provisions of this act from complying with the laws, 46 ordinances, rules or regulations of any locality, except to the extent 47 that such laws, ordinances, rules or regulations are inconsistent with 48 any provision of this act, but no such law, ordinance, rule or regu- 49 lation shall be considered inconsistent if it affords equal or greater 50 protection to the employee. 51 § 10. This act shall take effect on the one hundred eightieth day 52 after it shall have become a law. Effective immediately, the addition, 53 amendment and/or repeal of any rule or regulation necessary for the 54 implementation of this act on its effective date are authorized to be 55 made and completed on or before such effective date.
