Bill Text: NY A08316 | 2021-2022 | General Assembly | Introduced


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 1-0)

Status: (Introduced) 2022-01-05 - referred to governmental operations [A08316 Detail]

Download: New_York-2021-A08316-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8316

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    October 20, 2021
                                       ___________

        Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
          tee 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,
     2  paragraphs (b), (c) and (d) of subdivision 1-a, paragraph (a) of  subdi-
     3  vision  2, paragraphs (a), (b), (c) and (c-1) of subdivision 2-a, subdi-
     4  visions 3-b and 4, subparagraphs 1, 2 and 3 of paragraph  (a),  subpara-
     5  graphs  1,  2 and 3 of paragraph (b), subparagraphs 1 and 2 of paragraph
     6  (c) and paragraph (d) of subdivision 5, paragraph (a) of  subdivision  9
     7  and subdivision 13 of section 296 of the executive law, paragraph (a) of
     8  subdivision 1 as separately amended by chapters 8 and 176 of the laws of
     9  2019, paragraphs (b), (c) and (d) of subdivision 1 as amended by chapter
    10  8  of  the laws of 2019 and paragraph (h) of subdivision 1 as amended by
    11  chapter 161 of the laws of 2019, paragraphs (b), (c) and (d) of subdivi-
    12  sion 1-a, paragraph (a) of subdivision 2, subdivision 3-b, subparagraphs
    13  1, 2 and 3 of paragraph (b) of subdivision 5, paragraph (a) of  subdivi-
    14  sion  9  and subdivision 13 as amended by chapter 8 of the laws of 2019,
    15  paragraphs (a), (b), (c) and (c-1) of  subdivision  2-a  as  amended  by
    16  section  3  of part T of chapter 56 of the laws of 2019, subparagraphs 1
    17  and 2 of paragraph (c) of subdivision 5 as  amended  by  section  5  and
    18  paragraph  (d)  of  subdivision  5  as amended by section 6 of part T of
    19  chapter 56 of the laws of 2019, subdivision 4 as separately  amended  by
    20  chapters  8  and  116  of  the laws of 2019, subparagraphs 1, 2 and 3 of
    21  paragraph (a) of subdivision 5 as amended by chapter 300 of the laws  of
    22  2021, are amended to read as follows:
    23    (a)  For  an  employer or licensing agency, because of an individual's
    24  age, race, creed, color, national  origin,  sexual  orientation,  gender
    25  identity  or expression, military status, sex, height, weight, disabili-
    26  ty,  predisposing  genetic  characteristics,  familial  status,  marital
    27  status, or status as a victim of domestic violence, to refuse to hire or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13135-03-1

        A. 8316                             2

     1  employ  or  to bar or to discharge from employment such individual or to
     2  discriminate against such individual in compensation or in terms, condi-
     3  tions or privileges of employment.
     4    (b)  For  an  employment agency to discriminate against any individual
     5  because of age, race, creed, color, national origin, sexual orientation,
     6  gender identity or expression, military  status,  sex,  height,  weight,
     7  disability,  predisposing  genetic  characteristics, familial status, or
     8  marital status, in receiving, classifying, disposing or otherwise acting
     9  upon applications for its services  or  in  referring  an  applicant  or
    10  applicants to an employer or employers.
    11    (c)  For a labor organization, because of the age, race, creed, color,
    12  national origin, sexual  orientation,  gender  identity  or  expression,
    13  military  status,  sex, height, weight, disability, predisposing genetic
    14  characteristics, familial status, or marital status of  any  individual,
    15  to  exclude  or  to  expel  from  its  membership  such individual or to
    16  discriminate in any way against  any  of  its  members  or  against  any
    17  employer or any individual employed by an employer.
    18    (d)  For  any  employer  or employment agency to print or circulate or
    19  cause to be printed or circulated any statement, advertisement or publi-
    20  cation, or to use any form of application for employment or to make  any
    21  inquiry  in  connection  with  prospective  employment,  which expresses
    22  directly or indirectly, any limitation, specification or  discrimination
    23  as  to  age,  race,  creed,  color, national origin, sexual orientation,
    24  gender identity or expression, military  status,  sex,  height,  weight,
    25  disability,  predisposing  genetic  characteristics, familial status, or
    26  marital status, or any intent to make any such limitation, specification
    27  or discrimination, unless based upon a bona fide occupational qualifica-
    28  tion; provided, however, that neither this paragraph nor  any  provision
    29  of  this chapter or other law shall be construed to prohibit the depart-
    30  ment of civil service  or  the  department  of  personnel  of  any  city
    31  containing  more than one county from requesting information from appli-
    32  cants for civil service examinations concerning  any  of  the  aforemen-
    33  tioned  characteristics,  other than sexual orientation, for the purpose
    34  of conducting studies to  identify  and  resolve  possible  problems  in
    35  recruitment  and  testing  of  members  of minority groups to insure the
    36  fairest possible and equal opportunities for  employment  in  the  civil
    37  service for all persons, regardless of age, race, creed, color, national
    38  origin,  sexual  orientation  or gender identity or expression, military
    39  status, sex, height, weight, disability, predisposing genetic character-
    40  istics, familial status, or marital status.
    41    (h) For an employer, licensing  agency,  employment  agency  or  labor
    42  organization to subject any individual to harassment because of an indi-
    43  vidual's  age,  race, creed, color, national origin, sexual orientation,
    44  gender identity or expression, military  status,  sex,  height,  weight,
    45  disability, predisposing genetic characteristics, familial status, mari-
    46  tal  status,  domestic violence victim status, or because the individual
    47  has opposed any practices forbidden under this article  or  because  the
    48  individual  has filed a complaint, testified or assisted in any proceed-
    49  ing under this article, regardless of whether such harassment  would  be
    50  considered  severe  or  pervasive  under precedent applied to harassment
    51  claims. Such harassment is an unlawful discriminatory practice  when  it
    52  subjects  an  individual  to inferior terms, conditions or privileges of
    53  employment because of the individual's membership  in  one  or  more  of
    54  these protected categories. The fact that such individual did not make a
    55  complaint  about  the  harassment  to  such  employer, licensing agency,
    56  employment agency or labor organization shall not  be  determinative  of

        A. 8316                             3

     1  whether  such  employer,  licensing  agency,  employment agency or labor
     2  organization shall be liable. Nothing in this section shall  imply  that
     3  an  employee must demonstrate the existence of an individual to whom the
     4  employee's  treatment  must  be  compared.  It  shall  be an affirmative
     5  defense to liability under this subdivision that the  harassing  conduct
     6  does  not  rise above the level of what a reasonable victim of discrimi-
     7  nation with the same protected characteristic or  characteristics  would
     8  consider petty slights or trivial inconveniences.
     9    (b)  To  deny  to  or withhold from any person because of race, creed,
    10  color,  national  origin,  sexual  orientation,   gender   identity   or
    11  expression, military status, sex, height, weight, age, disability, fami-
    12  lial  status,  or marital status, the right to be admitted to or partic-
    13  ipate in a guidance program, an apprenticeship training program, on-the-
    14  job training program, executive training program, or other  occupational
    15  training or retraining program;
    16    (c)  To  discriminate against any person in his or her pursuit of such
    17  programs or to discriminate against such a person in the  terms,  condi-
    18  tions  or  privileges  of  such  programs because of race, creed, color,
    19  national origin, sexual  orientation,  gender  identity  or  expression,
    20  military  status,  sex, height, weight, age, disability, familial status
    21  or marital status;
    22    (d) To print or circulate or cause to be  printed  or  circulated  any
    23  statement,  advertisement or publication, or to use any form of applica-
    24  tion for such programs or to make any inquiry in  connection  with  such
    25  program  which  expresses, directly or indirectly, any limitation, spec-
    26  ification or discrimination as to race, creed, color,  national  origin,
    27  sexual orientation, gender identity or expression, military status, sex,
    28  height,  weight,  age, disability, familial status or marital status, or
    29  any intention to make any such limitation,  specification  or  discrimi-
    30  nation, unless based on a bona fide occupational qualification.
    31    (a)  It  shall  be an unlawful discriminatory practice for any person,
    32  being the owner, lessee, proprietor, manager, superintendent,  agent  or
    33  employee  of  any  place  of  public accommodation, resort or amusement,
    34  because of the race, creed, color, national origin, sexual  orientation,
    35  gender  identity  or  expression,  military status, sex, height, weight,
    36  disability or marital status of any person, directly or  indirectly,  to
    37  refuse,  withhold from or deny to such person any of the accommodations,
    38  advantages, facilities or privileges thereof, including the extension of
    39  credit, or,  directly  or  indirectly,  to  publish,  circulate,  issue,
    40  display,  post  or  mail any written or printed communication, notice or
    41  advertisement, to the effect that any of the accommodations, advantages,
    42  facilities and privileges of any such place shall be  refused,  withheld
    43  from  or denied to any person on account of race, creed, color, national
    44  origin, sexual orientation,  gender  identity  or  expression,  military
    45  status,  sex,  height, weight, disability or marital status, or that the
    46  patronage or custom thereat of any person of or purporting to be of  any
    47  particular  race,  creed,  color,  national  origin, sexual orientation,
    48  gender identity or expression, military status, sex or  marital  status,
    49  or  having  a  disability is unwelcome, objectionable or not acceptable,
    50  desired or solicited.
    51    (a) To refuse to sell, rent or lease or otherwise to deny to or  with-
    52  hold  from  any  person  or group of persons such housing accommodations
    53  because of the race, creed, color, disability, national  origin,  sexual
    54  orientation,  gender  identity or expression, military status, age, sex,
    55  height, weight, marital status, lawful  source  of  income  or  familial
    56  status  of  such  person  or  persons,  or to represent that any housing

        A. 8316                             4

     1  accommodation or land is not available for inspection, sale,  rental  or
     2  lease when in fact it is so available.
     3    (b)  To  discriminate  against  any person because of his or her race,
     4  creed, color, disability, national origin,  sexual  orientation,  gender
     5  identity or expression, military status, age, sex, height, weight, mari-
     6  tal  status,  lawful  source  of income or familial status in the terms,
     7  conditions or privileges of any publicly-assisted housing accommodations
     8  or in the furnishing of facilities or services in connection therewith.
     9    (c) To cause to be made any written or oral inquiry or record concern-
    10  ing the race, creed, color, disability, national origin,  sexual  orien-
    11  tation,  gender  identity or expression, membership in the reserve armed
    12  forces of the United States or in the organized militia  of  the  state,
    13  age,  sex,  height,  weight,  marital status, lawful source of income or
    14  familial status of a person seeking to rent or  lease  any  publicly-as-
    15  sisted  housing  accommodation;  provided, however, that nothing in this
    16  subdivision shall prohibit a member of the reserve armed forces  of  the
    17  United  States or in the organized militia of the state from voluntarily
    18  disclosing such membership.
    19    (c-1) To print or circulate or cause to be printed or  circulated  any
    20  statement,  advertisement or publication, or to use any form of applica-
    21  tion for the purchase, rental or lease of such housing accommodation  or
    22  to  make  any  record  or  inquiry  in  connection  with the prospective
    23  purchase,  rental  or  lease  of  such  a  housing  accommodation  which
    24  expresses,  directly  or  indirectly,  any  limitation, specification or
    25  discrimination as to race, creed, color, national origin, sexual  orien-
    26  tation,  gender  identity  or  expression, military status, sex, height,
    27  weight, age, disability, marital status,  lawful  source  of  income  or
    28  familial  status,  or any intent to make any such limitation, specifica-
    29  tion or discrimination.
    30    3-b. It shall be an unlawful  discriminatory  practice  for  any  real
    31  estate  broker,  real estate salesperson or employee or agent thereof or
    32  any other individual, corporation, partnership or organization  for  the
    33  purpose of inducing a real estate transaction from which any such person
    34  or any of its stockholders or members may benefit financially, to repre-
    35  sent  that a change has occurred or will or may occur in the composition
    36  with respect to race, creed, color, national origin, sexual orientation,
    37  gender identity or expression, military  status,  sex,  height,  weight,
    38  disability,  marital  status,  or familial status of the owners or occu-
    39  pants in the block, neighborhood or area in which the real  property  is
    40  located, and to represent, directly or indirectly, that this change will
    41  or  may result in undesirable consequences in the block, neighborhood or
    42  area in which the real property is located, including but not limited to
    43  the lowering of property values, an increase in criminal or  anti-social
    44  behavior, or a decline in the quality of schools or other facilities.
    45    4.  It shall be an unlawful discriminatory practice for an educational
    46  institution to deny the use of its facilities to  any  person  otherwise
    47  qualified,  or  to permit the harassment of any student or applicant, by
    48  reason of his race, color, religion, disability, national origin, sexual
    49  orientation,  gender  identity  or  expression,  military  status,  sex,
    50  height,  weight, age or marital status, except that any such institution
    51  which establishes or maintains a policy of educating persons of one  sex
    52  exclusively may admit students of only one sex.
    53    (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
    54  from any person or group of persons such a housing accommodation because
    55  of  the  race, creed, color, national origin, sexual orientation, gender
    56  identity or expression, military status, sex, height, weight, age, disa-

        A. 8316                             5

     1  bility, marital status, lawful source of income or  familial  status  of
     2  such  person  or persons, or to represent that any housing accommodation
     3  or land is not available for inspection, sale, rental or lease  when  in
     4  fact it is so available.
     5    (2)  To discriminate against any person because of race, creed, color,
     6  national origin, sexual  orientation,  gender  identity  or  expression,
     7  military  status,  sex, height, weight, age, disability, marital status,
     8  lawful source of income or familial status in the terms,  conditions  or
     9  privileges  of  the  sale,  rental or lease of any such housing accommo-
    10  dation or in the furnishing of  facilities  or  services  in  connection
    11  therewith.
    12    (3)  To  print  or  circulate or cause to be printed or circulated any
    13  statement, advertisement or publication, or to use any form of  applica-
    14  tion  for the purchase, rental or lease of such housing accommodation or
    15  to make any  record  or  inquiry  in  connection  with  the  prospective
    16  purchase,  rental  or  lease  of  such  a  housing  accommodation  which
    17  expresses, directly or  indirectly,  any  limitation,  specification  or
    18  discrimination  as to race, creed, color, national origin, sexual orien-
    19  tation, gender identity or expression,  military  status,  sex,  height,
    20  weight,  age,  disability,  marital  status,  lawful source of income or
    21  familial status, or any intent to make any such  limitation,  specifica-
    22  tion or discrimination.
    23    (1)  To  refuse  to sell, rent, lease or otherwise deny to or withhold
    24  from any person or group of persons land or commercial space because  of
    25  the  race,  creed,  color,  national  origin, sexual orientation, gender
    26  identity or expression, military status, sex, height, weight, age, disa-
    27  bility, marital status, or familial status of such person or persons, or
    28  to represent that any housing accommodation or land is not available for
    29  inspection, sale, rental or lease when in fact it is so available;
    30    (2) To discriminate against any person because of race, creed,  color,
    31  national  origin,  sexual  orientation,  gender  identity or expression,
    32  military status, sex, height, weight, age, disability,  marital  status,
    33  or  familial  status in the terms, conditions or privileges of the sale,
    34  rental or lease of any such land or commercial space; or in the furnish-
    35  ing of facilities or services in connection therewith;
    36    (3) To print or circulate or cause to be  printed  or  circulated  any
    37  statement,  advertisement or publication, or to use any form of applica-
    38  tion for the purchase, rental or lease of such land or commercial  space
    39  or  to  make  any  record  or inquiry in connection with the prospective
    40  purchase, rental or  lease  of  such  land  or  commercial  space  which
    41  expresses,  directly  or  indirectly,  any  limitation, specification or
    42  discrimination as to race, creed, color, national origin, sexual  orien-
    43  tation,  gender  identity  or  expression, military status, sex, height,
    44  weight, age, disability, marital status,  or  familial  status;  or  any
    45  intent to make any such limitation, specification or discrimination.
    46    (1)  To  refuse to sell, rent or lease any housing accommodation, land
    47  or commercial space to any person or group of persons or  to  refuse  to
    48  negotiate  for  the sale, rental or lease, of any housing accommodation,
    49  land or commercial space to any person or group of  persons  because  of
    50  the  race,  creed,  color,  national  origin, sexual orientation, gender
    51  identity or expression, military status, sex, height, weight, age, disa-
    52  bility, marital status, lawful source of income or  familial  status  of
    53  such  person or persons, or to represent that any housing accommodation,
    54  land or commercial space is not available for inspection,  sale,  rental
    55  or  lease when in fact it is so available, or otherwise to deny or with-
    56  hold any housing accommodation, land or commercial space or any  facili-

        A. 8316                             6

     1  ties  of  any  housing  accommodation, land or commercial space from any
     2  person or group of persons because of the race, creed,  color,  national
     3  origin,  sexual  orientation,  gender  identity  or expression, military
     4  status,  sex,  height,  weight,  age, disability, marital status, lawful
     5  source of income or familial status of such person or persons.
     6    (2) To print or circulate or cause to be  printed  or  circulated  any
     7  statement,  advertisement or publication, or to use any form of applica-
     8  tion for the purchase, rental or lease  of  any  housing  accommodation,
     9  land  or commercial space or to make any record or inquiry in connection
    10  with the prospective purchase, rental or lease of any  housing  accommo-
    11  dation,  land or commercial space which expresses, directly or indirect-
    12  ly, any limitation, specification, or discrimination as to race,  creed,
    13  color,   national   origin,   sexual  orientation,  gender  identity  or
    14  expression, military status, sex, height, weight, age, disability, mari-
    15  tal status, lawful source of income or familial status; or any intent to
    16  make any such limitation, specification or discrimination.
    17    (d) It shall be an  unlawful  discriminatory  practice  for  any  real
    18  estate board, because of the race, creed, color, national origin, sexual
    19  orientation,  gender  identity or expression, military status, age, sex,
    20  height, weight, disability, marital status, lawful source of  income  or
    21  familial status of any individual who is otherwise qualified for member-
    22  ship,  to  exclude  or  expel  such  individual  from  membership, or to
    23  discriminate against such individual in the terms, conditions and privi-
    24  leges of membership in such board.
    25    (a) It shall be an  unlawful  discriminatory  practice  for  any  fire
    26  department or fire company therein, through any member or members there-
    27  of, officers, board of fire commissioners or other body or office having
    28  power  of appointment of volunteer firefighters, directly or indirectly,
    29  by ritualistic practice, constitutional or by-law prescription, by tacit
    30  agreement among its members, or otherwise, to  deny  to  any  individual
    31  membership  in any volunteer fire department or fire company therein, or
    32  to expel or discriminate against any volunteer member of a fire  depart-
    33  ment  or  fire  company  therein,  because  of  the  race, creed, color,
    34  national origin, sexual  orientation,  gender  identity  or  expression,
    35  military  status,  sex,  height,  weight,  marital  status,  or familial
    36  status, of such individual.
    37    13. It shall be an unlawful discriminatory practice (i) for any person
    38  to boycott or blacklist, or to refuse to buy  from,  sell  to  or  trade
    39  with, or otherwise discriminate against any person, because of the race,
    40  creed,  color,  national  origin, sexual orientation, gender identity or
    41  expression, military status, sex, height, weight, disability,  or  fami-
    42  lial  status,  of  such  person,  or of such person's partners, members,
    43  stockholders, directors, officers,  managers,  superintendents,  agents,
    44  employees,  business associates, suppliers or customers, or (ii) for any
    45  person wilfully to do any act  or  refrain  from  doing  any  act  which
    46  enables  any such person to take such action. This subdivision shall not
    47  apply to:
    48    § 2. Subdivisions 1, 2 and 3 of section 296-a of the executive law, as
    49  amended by chapter 8 of the  laws  of  2019,  are  amended  to  read  as
    50  follows:
    51    1. It shall be an unlawful discriminatory practice for any creditor or
    52  any officer, agent or employee thereof:
    53    a.  In  the  case  of  applications  for  credit  with  respect to the
    54  purchase, acquisition, construction, rehabilitation, repair  or  mainte-
    55  nance of any housing accommodation, land or commercial space to discrim-
    56  inate  against  any  such  applicant  because of the race, creed, color,

        A. 8316                             7

     1  national origin, sexual  orientation,  gender  identity  or  expression,
     2  military  status,  age, sex, height, weight, marital status, disability,
     3  or familial status of such applicant or applicants or any member, stock-
     4  holder,  director,  officer or employee of such applicant or applicants,
     5  or of the prospective occupants or  tenants  of  such  housing  accommo-
     6  dation,  land or commercial space, in the granting, withholding, extend-
     7  ing or renewing, or in the fixing of the rates, terms or conditions  of,
     8  any such credit;
     9    b.  To  discriminate in the granting, withholding, extending or renew-
    10  ing, or in the fixing of the rates, terms or conditions of, any form  of
    11  credit,  on  the  basis  of  race, creed, color, national origin, sexual
    12  orientation, gender identity or expression, military status,  age,  sex,
    13  height, weight, marital status, disability, or familial status;
    14    c. To use any form of application for credit or use or make any record
    15  or  inquiry  which  expresses,  directly  or indirectly, any limitation,
    16  specification, or discrimination as  to  race,  creed,  color,  national
    17  origin,  sexual  orientation,  gender  identity  or expression, military
    18  status, age, sex, height, weight, marital status, disability,  or  fami-
    19  lial status;
    20    d.  To make any inquiry of an applicant concerning his or her capacity
    21  to reproduce, or his or her use or advocacy of any form of birth control
    22  or family planning;
    23    e. To refuse to consider  sources  of  an  applicant's  income  or  to
    24  subject  an  applicant's  income  to  discounting,  in whole or in part,
    25  because of an applicant's race, creed, color,  national  origin,  sexual
    26  orientation,  gender  identity or expression, military status, age, sex,
    27  height, weight, marital status, childbearing potential,  disability,  or
    28  familial status;
    29    f.  To  discriminate  against  a  married  person  because such person
    30  neither uses nor is known by the surname of his or her spouse.
    31    This paragraph shall not apply to any situation where  the  use  of  a
    32  surname would constitute or result in a criminal act.
    33    2. Without limiting the generality of subdivision one of this section,
    34  it  shall  be considered discriminatory if, because of an applicant's or
    35  class of applicants' race, creed, color, national origin, sexual  orien-
    36  tation,  gender  identity  or  expression,  military  status,  age, sex,
    37  height, weight, marital status or disability, or familial status, (i) an
    38  applicant or class of applicants is denied credit in circumstances where
    39  other applicants of like overall credit worthiness are  granted  credit,
    40  or  (ii)  special requirements or conditions, such as requiring co-obli-
    41  gors or reapplication upon marriage, are imposed upon  an  applicant  or
    42  class  of  applicants  in  circumstances  where  similar requirements or
    43  conditions are not imposed upon other applicants of like overall  credit
    44  worthiness.
    45    3.  It  shall  not  be  considered  discriminatory if credit differen-
    46  tiations or decisions are based upon  factually  supportable,  objective
    47  differences  in applicants' overall credit worthiness, which may include
    48  reference to such factors as current income,  assets  and  prior  credit
    49  history  of  such applicants, as well as reference to any other relevant
    50  factually supportable data; provided, however, that  no  creditor  shall
    51  consider, in evaluating the credit worthiness of an applicant, aggregate
    52  statistics  or  assumptions  relating  to  race,  creed, color, national
    53  origin, sexual orientation,  gender  identity  or  expression,  military
    54  status,  sex,  height,  weight,  marital status or disability, or to the
    55  likelihood of any group of persons bearing or rearing children,  or  for
    56  that reason receiving diminished or interrupted income in the future.

        A. 8316                             8

     1    §  3. Paragraphs a, b and c of subdivision 2 and paragraph b of subdi-
     2  vision 3 of section 296-c of the executive law, as added by  chapter  97
     3  of the laws of 2014, are amended to read as follows:
     4    a.  refuse to hire or employ or to bar or to discharge from internship
     5  an intern or to discriminate against such intern in terms, conditions or
     6  privileges of employment as an intern because of the intern's age, race,
     7  creed, color, national origin, sexual orientation, military status, sex,
     8  height, weight, disability, predisposing genetic characteristics,  mari-
     9  tal status, or domestic violence victim status;
    10    b. discriminate against an intern in receiving, classifying, disposing
    11  or  otherwise  acting  upon  applications for internships because of the
    12  intern's age, race, creed, color, national origin,  sexual  orientation,
    13  military  status,  sex, height, weight, disability, predisposing genetic
    14  characteristics, marital status, or domestic violence victim status;
    15    c. print or circulate or cause to be printed or circulated any  state-
    16  ment,  advertisement  or  publication, or to use any form of application
    17  for employment as an intern or to make any inquiry  in  connection  with
    18  prospective  employment,  which  expresses  directly  or indirectly, any
    19  limitation, specification or discrimination  as  to  age,  race,  creed,
    20  color,  national  origin,  sexual  orientation,  military  status,  sex,
    21  height, weight, disability, predisposing genetic characteristics,  mari-
    22  tal status or domestic violence victim status, or any intent to make any
    23  such  limitation,  specification  or discrimination, unless based upon a
    24  bona fide occupational qualification; provided,  however,  that  neither
    25  this  paragraph  nor any provision of this chapter or other law shall be
    26  construed to prohibit the department of civil service or the  department
    27  of personnel of any city containing more than one county from requesting
    28  information  from  applicants  for civil service internships or examina-
    29  tions concerning any of the aforementioned characteristics,  other  than
    30  sexual  orientation,  for  the purpose of conducting studies to identify
    31  and resolve possible problems in recruitment and testing of  members  of
    32  minority  groups  to insure the fairest possible and equal opportunities
    33  for employment in the civil service for all persons, regardless of  age,
    34  race,  creed,  color,  national  origin,  sexual  orientation,  military
    35  status, sex, height, weight, disability, predisposing genetic character-
    36  istics, marital status or domestic violence victim status;
    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, domes-
    40  tic  violence  victim  status, or national origin, where such harassment
    41  has the purpose or effect of unreasonably interfering with the  intern's
    42  work  performance  by  creating  an  intimidating, hostile, or offensive
    43  working environment.
    44    § 4. 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    § 5. This act shall take effect on the one hundred eightieth day after
    52  it shall have become a law. Effective immediately, the addition,  amend-
    53  ment and/or repeal of any rule or regulation necessary for the implemen-
    54  tation  of  this act on its effective date are authorized to be made and
    55  completed on or before such effective date.
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