Bill Text: NY A10618 | 2021-2022 | General Assembly | Introduced


Bill Title: Adds "pregnancy outcome" to the list of protected classes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-07-06 - referred to governmental operations [A10618 Detail]

Download: New_York-2021-A10618-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          10618

                   IN ASSEMBLY

                                      July 6, 2022
                                       ___________

        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Seawright)
          -- read once and referred to the Committee on Governmental Operations

        AN ACT to amend the executive law and the civil rights law, in  relation
          to adding "pregnancy outcome" to the list of protected classes

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 292 of the executive law is amended by adding a new
     2  subdivision 40 to read as follows:
     3    40. The term "pregnancy  outcome"  means  any  actual,  potential,  or
     4  perceived  result  of  a  pregnancy,  including,  but  not  limited  to,
     5  abortion, miscarriage, stillbirth, live delivery of an infant regardless
     6  of the infant's health or disability status, or death of a  newborn  due
     7  to causes that originated in utero.
     8    §  2.  Subdivisions  1  and  2 of section 291 of the executive law, as
     9  amended by chapter 8 of the  laws  of  2019,  are  amended  to  read  as
    10  follows:
    11    1. The opportunity to obtain employment without discrimination because
    12  of  age, race, creed, color, national origin, sexual orientation, gender
    13  identity or expression, military status, sex, pregnancy outcome, marital
    14  status, or disability, is hereby recognized as  and  declared  to  be  a
    15  civil right.
    16    2.  The  opportunity  to obtain education, the use of places of public
    17  accommodation and the ownership, use and occupancy of  housing  accommo-
    18  dations  and  commercial  space  without  discrimination because of age,
    19  race, creed, color, national origin, sexual orientation, gender identity
    20  or expression, military status, sex, pregnancy outcome, marital  status,
    21  or  disability,  as  specified in section two hundred ninety-six of this
    22  article, is hereby recognized as and declared to be a civil right.
    23    § 3. Subdivisions 8 and 9 of section 295  of  the  executive  law,  as
    24  amended  by  chapter  8  of  the  laws  of  2019, are amended to read as
    25  follows:
    26    8. To create such advisory councils, local, regional or state-wide, as
    27  in its judgment will aid in effectuating the purposes  of  this  article
    28  and  of section eleven of article one of the constitution of this state,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16012-02-2

        A. 10618                            2

     1  and the division may empower them to study  the  problems  of  discrimi-
     2  nation  in  all or specific fields of human relationships or in specific
     3  instances of discrimination because of age, race, creed, color, national
     4  origin,  sexual  orientation,  gender  identity  or expression, military
     5  status, sex, pregnancy outcome, disability or marital  status  and  make
     6  recommendations  to  the  division  for  the development of policies and
     7  procedures in general and in specific instances. The  advisory  councils
     8  also  shall  disseminate  information about the division's activities to
     9  organizations and individuals in their localities. Such  advisory  coun-
    10  cils  shall be composed of representative citizens, serving without pay,
    11  but with reimbursement for actual and necessary traveling expenses;  and
    12  the division may make provision for technical and clerical assistance to
    13  such councils and for the expenses of such assistance.
    14    9. To develop human rights plans and policies for the state and assist
    15  in their execution and to make investigations and studies appropriate to
    16  effectuate  this article and to issue such publications and such results
    17  of investigations and research as in its judgement will tend  to  inform
    18  persons  of the rights assured and remedies provided under this article,
    19  to promote good-will and minimize or eliminate discrimination because of
    20  age, race, creed, color, national  origin,  sexual  orientation,  gender
    21  identity  or  expression, military status, sex, pregnancy outcome, disa-
    22  bility or marital status.
    23    § 4. Paragraphs (a), (b), (c), (d) and (h) of subdivision 1 of section
    24  296 of the executive law, as amended by chapter 202 of the laws of 2022,
    25  are amended to read as follows:
    26    (a) For an employer or licensing agency, because  of  an  individual's
    27  age,  race,  creed,  color,  national origin, sexual orientation, gender
    28  identity or expression, military status, sex, pregnancy  outcome,  disa-
    29  bility,  predisposing  genetic characteristics, familial status, marital
    30  status, or status as a victim of domestic violence, to refuse to hire or
    31  employ or to bar or to discharge from employment such individual  or  to
    32  discriminate against such individual in compensation or in terms, condi-
    33  tions or privileges of employment.
    34    (b)  For  an  employment agency to discriminate against any individual
    35  because of age, race, creed, color, national origin, sexual orientation,
    36  gender identity or expression, military status, sex, pregnancy  outcome,
    37  disability, predisposing genetic characteristics, familial status, mari-
    38  tal  status,  or  status as a victim of domestic violence, in receiving,
    39  classifying, disposing or otherwise acting  upon  applications  for  its
    40  services  or  in  referring an applicant or applicants to an employer or
    41  employers.
    42    (c) For a labor organization, because of the age, race, creed,  color,
    43  national  origin,  sexual  orientation,  gender  identity or expression,
    44  military status, sex, pregnancy outcome, disability, predisposing genet-
    45  ic characteristics, familial status, marital  status,  or  status  as  a
    46  victim  of  domestic violence, of any individual, to exclude or to expel
    47  from its membership such  individual  or  to  discriminate  in  any  way
    48  against  any  of  its  members or against any employer or any individual
    49  employed by an employer.
    50    (d) For any employer or employment agency to  print  or  circulate  or
    51  cause to be printed or circulated any statement, advertisement or publi-
    52  cation,  or to use any form of application for employment or to make any
    53  inquiry in  connection  with  prospective  employment,  which  expresses
    54  directly  or indirectly, any limitation, specification or discrimination
    55  as to age, race, creed,  color,  national  origin,  sexual  orientation,
    56  gender  identity or expression, military status, sex, pregnancy outcome,

        A. 10618                            3

     1  disability, predisposing genetic characteristics, familial status, mari-
     2  tal status, or status as a victim of domestic violence, or any intent to
     3  make any such limitation, specification or discrimination, unless  based
     4  upon  a  bona  fide  occupational qualification; provided, however, that
     5  neither this paragraph nor any provision of this chapter  or  other  law
     6  shall  be  construed  to prohibit the department of civil service or the
     7  department of personnel of any city containing more than one county from
     8  requesting information from applicants for  civil  service  examinations
     9  concerning  any of the aforementioned characteristics, other than sexual
    10  orientation, for the purpose  of  conducting  studies  to  identify  and
    11  resolve  possible  problems  in  recruitment  and  testing of members of
    12  minority groups to ensure the fairest possible and  equal  opportunities
    13  for  employment in the civil service for all persons, regardless of age,
    14  race, creed, color, national origin, sexual orientation or gender  iden-
    15  tity or expression, military status, sex, pregnancy outcome, disability,
    16  predisposing   genetic  characteristics,  familial  status,  or  marital
    17  status.
    18    (h) For an employer, licensing  agency,  employment  agency  or  labor
    19  organization to subject any individual to harassment because of an indi-
    20  vidual's  age,  race, creed, color, national origin, sexual orientation,
    21  gender identity or expression, military status, sex, pregnancy  outcome,
    22  disability, predisposing genetic characteristics, familial status, mari-
    23  tal  status,  status  as  a  victim of domestic violence, or because the
    24  individual has opposed any practices forbidden  under  this  article  or
    25  because  the  individual has filed a complaint, testified or assisted in
    26  any proceeding under this article, regardless of whether such harassment
    27  would be considered severe  or  pervasive  under  precedent  applied  to
    28  harassment  claims.  Such harassment is an unlawful discriminatory prac-
    29  tice when it subjects an individual to  inferior  terms,  conditions  or
    30  privileges  of  employment because of the individual's membership in one
    31  or more of these protected categories. The fact that such individual did
    32  not make a complaint about the harassment to  such  employer,  licensing
    33  agency,  employment agency or labor organization shall not be determina-
    34  tive of whether such employer, licensing agency,  employment  agency  or
    35  labor  organization shall be liable. Nothing in this section shall imply
    36  that an employee must demonstrate the existence of an individual to whom
    37  the employee's treatment must be compared. It shall  be  an  affirmative
    38  defense  to  liability under this subdivision that the harassing conduct
    39  does not rise above the level of what a reasonable victim  of  discrimi-
    40  nation  with  the same protected characteristic or characteristics would
    41  consider petty slights or trivial inconveniences.
    42    § 5. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296  of
    43  the  executive  law,  as amended by chapter 202 of the laws of 2022, are
    44  amended to read as follows:
    45    (b) To deny to or withhold from any person  because  of  race,  creed,
    46  color,   national   origin,   sexual  orientation,  gender  identity  or
    47  expression, military status, sex, pregnancy  outcome,  age,  disability,
    48  familial  status,  marital  status,  or  status  as a victim of domestic
    49  violence, the right to be admitted  to  or  participate  in  a  guidance
    50  program,   an   apprenticeship  training  program,  on-the-job  training
    51  program, executive training program, or other occupational  training  or
    52  retraining program;
    53    (c)  To  discriminate against any person in his or her pursuit of such
    54  programs or to discriminate against such a person in the  terms,  condi-
    55  tions  or  privileges  of  such  programs because of race, creed, color,
    56  national origin, sexual  orientation,  gender  identity  or  expression,

        A. 10618                            4

     1  military  status,  sex,  pregnancy  outcome,  age,  disability, familial
     2  status, marital status, or status as a victim of domestic violence;
     3    (d)  To  print  or  circulate or cause to be printed or circulated any
     4  statement, advertisement or publication, or to use any form of  applica-
     5  tion  for  such  programs or to make any inquiry in connection with such
     6  program which expresses, directly or indirectly, any  limitation,  spec-
     7  ification  or  discrimination as to race, creed, color, national origin,
     8  sexual orientation, gender identity or expression, military status, sex,
     9  pregnancy outcome, age, disability, familial status, marital status,  or
    10  status  as  a  victim of domestic violence, or any intention to make any
    11  such limitation, specification or discrimination, unless based on a bona
    12  fide occupational qualification.
    13    § 6. Paragraph (a) of subdivision 2 of section 296  of  the  executive
    14  law,  as  amended by chapter 202 of the laws of 2022, is amended to read
    15  as follows:
    16    (a) It shall be an unlawful discriminatory practice  for  any  person,
    17  being  the  owner, lessee, proprietor, manager, superintendent, agent or
    18  employee of any place of  public  accommodation,  resort  or  amusement,
    19  because  of the race, creed, color, national origin, sexual orientation,
    20  gender identity or expression, military status, sex, pregnancy  outcome,
    21  disability,  marital status, or status as a victim of domestic violence,
    22  of any person, directly or indirectly, to refuse, withhold from or  deny
    23  to  such  person  any  of  the accommodations, advantages, facilities or
    24  privileges thereof, including the extension of credit, or,  directly  or
    25  indirectly,  to  publish,  circulate,  issue,  display, post or mail any
    26  written or printed communication, notice or advertisement, to the effect
    27  that any of the accommodations, advantages, facilities and privileges of
    28  any such place shall be refused, withheld from or denied to  any  person
    29  on  account  of race, creed, color, national origin, sexual orientation,
    30  gender identity or expression, military status, sex, pregnancy  outcome,
    31  disability or marital status, or that the patronage or custom thereat of
    32  any  person of or purporting to be of any particular race, creed, color,
    33  national origin, sexual  orientation,  gender  identity  or  expression,
    34  military  status,  sex, pregnancy outcome or marital status, or having a
    35  disability is unwelcome, objectionable or  not  acceptable,  desired  or
    36  solicited.
    37    §  7. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
    38  296 of the executive law, as amended by chapter 202 of the laws of 2022,
    39  are amended to read as follows:
    40    (a) To refuse to sell, rent or lease or otherwise to deny to or  with-
    41  hold  from  any  person  or group of persons such housing accommodations
    42  because of the race, creed, color, disability, national  origin,  sexual
    43  orientation,  gender  identity or expression, military status, age, sex,
    44  pregnancy outcome, marital  status,  status  as  a  victim  of  domestic
    45  violence,  lawful  source of income or familial status of such person or
    46  persons, or to represent that any housing accommodation or land  is  not
    47  available  for  inspection,  sale, rental or lease when in fact it is so
    48  available.
    49    (b) To discriminate against any person because of  his  or  her  race,
    50  creed,  color,  disability,  national origin, sexual orientation, gender
    51  identity or expression, military status, age,  sex,  pregnancy  outcome,
    52  marital  status,  status as a victim of domestic violence, lawful source
    53  of income or familial status in the terms, conditions or  privileges  of
    54  any  publicly-assisted  housing  accommodations  or in the furnishing of
    55  facilities or services in connection therewith.

        A. 10618                            5

     1    (c) To cause to be made any written or oral inquiry or record concern-
     2  ing the race, creed, color, disability, national origin,  sexual  orien-
     3  tation,  gender  identity or expression, membership in the reserve armed
     4  forces of the United States or in the organized militia  of  the  state,
     5  age,  sex,  pregnancy  outcome,  marital  status,  status as a victim of
     6  domestic violence, lawful source of  income  or  familial  status  of  a
     7  person  seeking  to rent or lease any publicly-assisted housing accommo-
     8  dation; provided,  however,  that  nothing  in  this  subdivision  shall
     9  prohibit a member of the reserve armed forces of the United States or in
    10  the  organized  militia  of  the  state from voluntarily disclosing such
    11  membership.
    12    (c-1) 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, pregnancy
    20  outcome, age, disability, marital status, status as a victim of domestic
    21  violence, lawful source of income or familial status, or any  intent  to
    22  make any such limitation, specification or discrimination.
    23    §  8.  Subdivisions 3-b, 4 and 13 of section 296 of the executive law,
    24  as amended by chapter 202 of the laws of 2022, are amended  to  read  as
    25  follows:
    26    3-b.  It  shall  be  an  unlawful discriminatory practice for any real
    27  estate broker, real estate salesperson or employee or agent  thereof  or
    28  any  other  individual, corporation, partnership or organization for the
    29  purpose of inducing a real estate transaction from which any such person
    30  or any of its stockholders or members may benefit financially, to repre-
    31  sent that a change has occurred or will or may occur in the  composition
    32  with respect to race, creed, color, national origin, sexual orientation,
    33  gender  identity or expression, military status, sex, pregnancy outcome,
    34  disability, marital status, status as a victim of domestic violence,  or
    35  familial status of the owners or occupants in the block, neighborhood or
    36  area  in  which the real property is located, and to represent, directly
    37  or indirectly, that this change will or may result in undesirable conse-
    38  quences in the block, neighborhood or area in which the real property is
    39  located, including but not limited to the lowering of  property  values,
    40  an  increase  in  criminal  or anti-social behavior, or a decline in the
    41  quality of schools or other facilities.
    42    4. It shall be an unlawful discriminatory practice for an  educational
    43  institution  to  deny  the use of its facilities to any person otherwise
    44  qualified, or to permit the harassment of any student or  applicant,  by
    45  reason of his race, color, religion, disability, national origin, sexual
    46  orientation,  gender identity or expression, military status, sex, preg-
    47  nancy outcome, age, marital status, or status as a  victim  of  domestic
    48  violence,  except  that  any such institution which establishes or main-
    49  tains a policy of educating persons of one  sex  exclusively  may  admit
    50  students of only one sex.
    51    13. It shall be an unlawful discriminatory practice (i) for any person
    52  to  boycott  or  blacklist,  or  to refuse to buy from, sell to or trade
    53  with, or otherwise discriminate against any person, because of the race,
    54  creed, color, national origin, sexual orientation,  gender  identity  or
    55  expression,  military status, sex, pregnancy outcome, status as a victim
    56  of domestic violence, disability, or familial status, or of such person,

        A. 10618                            6

     1  or of such person's partners, members,  stockholders,  directors,  offi-
     2  cers, managers, superintendents, agents, employees, business associates,
     3  suppliers or customers, or (ii) for any person wilfully to do any act or
     4  refrain  from  doing  any act which enables any such person to take such
     5  action. This subdivision shall not apply to:
     6    (a) Boycotts connected with labor disputes; or
     7    (b) Boycotts to protest unlawful discriminatory practices.
     8    § 9. Subparagraphs 1, 2 and 3 of paragraph (a)  of  subdivision  5  of
     9  section  296 of the executive law, as amended by chapter 202 of the laws
    10  of 2022, are amended to read as follows:
    11    (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
    12  from any person or group of persons such a housing accommodation because
    13  of the race, creed, color, national origin, sexual  orientation,  gender
    14  identity  or  expression,  military status, sex, pregnancy outcome, age,
    15  disability, marital status, status as a  victim  of  domestic  violence,
    16  lawful source of income or familial status of such person or persons, or
    17  to represent that any housing accommodation or land is not available for
    18  inspection, sale, rental or lease when in fact it is so available.
    19    (2)  To discriminate against any person because of race, creed, color,
    20  national origin, sexual  orientation,  gender  identity  or  expression,
    21  military  status,  sex,  pregnancy  outcome,  age,  disability,  marital
    22  status, status as a victim of domestic violence, lawful source of income
    23  or familial status in the terms, conditions or privileges of  the  sale,
    24  rental  or  lease of any such housing accommodation or in the furnishing
    25  of facilities or services in connection therewith.
    26    (3) To print or circulate or cause to be  printed  or  circulated  any
    27  statement,  advertisement or publication, or to use any form of applica-
    28  tion for the purchase, rental or lease of such housing accommodation  or
    29  to  make  any  record  or  inquiry  in  connection  with the prospective
    30  purchase,  rental  or  lease  of  such  a  housing  accommodation  which
    31  expresses,  directly  or  indirectly,  any  limitation, specification or
    32  discrimination as to race, creed, color, national origin, sexual  orien-
    33  tation,  gender  identity or expression, military status, sex, pregnancy
    34  outcome, age, disability, marital status, status as a victim of domestic
    35  violence, lawful source of income or familial status, or any  intent  to
    36  make any such limitation, specification or discrimination.
    37    §  10.  Subparagraphs  1, 2 and 3 of paragraph (b) of subdivision 5 of
    38  section 296 of the executive law, as amended by chapter 202 of the  laws
    39  of 2022, are amended to read as follows:
    40    (1)  To  refuse  to sell, rent, lease or otherwise deny to or withhold
    41  from any person or group of persons land or commercial space because  of
    42  the  race,  creed,  color,  national  origin, sexual orientation, gender
    43  identity or expression, military status, sex,  pregnancy  outcome,  age,
    44  disability,  marital status, status as a victim of domestic violence, or
    45  familial status of such person or persons,  or  to  represent  that  any
    46  housing  accommodation  or  land  is not available for inspection, sale,
    47  rental or lease when in fact it is so available;
    48    (2) To discriminate against any person because of race, creed,  color,
    49  national  origin,  sexual  orientation,  gender  identity or expression,
    50  military  status,  sex,  pregnancy  outcome,  age,  disability,  marital
    51  status,  status  as a victim of domestic violence, or familial status in
    52  the terms, conditions or privileges of the sale, rental or lease of  any
    53  such  land  or  commercial  space; or in the furnishing of facilities or
    54  services in connection therewith;
    55    (3) To print or circulate or cause to be  printed  or  circulated  any
    56  statement,  advertisement or publication, or to use any form of applica-

        A. 10618                            7

     1  tion for the purchase, rental or lease of such land or commercial  space
     2  or  to  make  any  record  or inquiry in connection with the prospective
     3  purchase, rental or  lease  of  such  land  or  commercial  space  which
     4  expresses,  directly  or  indirectly,  any  limitation, specification or
     5  discrimination as to race, creed, color, national origin, sexual  orien-
     6  tation,  gender  identity or expression, military status, sex, pregnancy
     7  outcome, age, disability, marital status, status as a victim of domestic
     8  violence, or familial status; or any intent to make any such limitation,
     9  specification or discrimination.
    10    § 11. Subparagraphs 1 and 2 of paragraph  (c)  and  paragraph  (d)  of
    11  subdivision 5 of section 296 of the executive law, as amended by chapter
    12  202 of the laws of 2022, are amended to read as follows:
    13    (1)  To  refuse to sell, rent or lease any housing accommodation, land
    14  or commercial space to any person or group of persons or  to  refuse  to
    15  negotiate  for  the sale, rental or lease, of any housing accommodation,
    16  land or commercial space to any person or group of  persons  because  of
    17  the  race,  creed,  color,  national  origin, sexual orientation, gender
    18  identity or expression, military status, sex,  pregnancy  outcome,  age,
    19  disability,  marital  status,  status  as a victim of domestic violence,
    20  lawful source of income or familial status of such person or persons, or
    21  to represent that any housing accommodation, land or commercial space is
    22  not available for inspection, sale, rental or lease when in fact  it  is
    23  so  available,  or  otherwise  to  deny or withhold any housing accommo-
    24  dation, land or commercial space or any facilities of any housing accom-
    25  modation, land or commercial space from any person or group  of  persons
    26  because  of the race, creed, color, national origin, sexual orientation,
    27  gender identity or expression, military status, sex, pregnancy  outcome,
    28  age,  disability,  marital  status,  lawful source of income or familial
    29  status of such person or persons.
    30    (2) To print or circulate or cause to be  printed  or  circulated  any
    31  statement,  advertisement or publication, or to use any form of applica-
    32  tion for the purchase, rental or lease  of  any  housing  accommodation,
    33  land  or commercial space or to make any record or inquiry in connection
    34  with the prospective purchase, rental or lease of any  housing  accommo-
    35  dation,  land or commercial space which expresses, directly or indirect-
    36  ly, any limitation, specification, or discrimination as to race,  creed,
    37  color,   national   origin,   sexual  orientation,  gender  identity  or
    38  expression, military status, sex, pregnancy  outcome,  age,  disability,
    39  marital  status,  status as a victim of domestic violence, lawful source
    40  of income or familial status; or any intent to make any such limitation,
    41  specification or discrimination.
    42    (d) It shall be an  unlawful  discriminatory  practice  for  any  real
    43  estate board, because of the race, creed, color, national origin, sexual
    44  orientation,  gender  identity or expression, military status, age, sex,
    45  pregnancy outcome, disability, marital status, status  as  a  victim  of
    46  domestic  violence,  lawful  source  of income or familial status of any
    47  individual who is otherwise qualified  for  membership,  to  exclude  or
    48  expel  such  individual from membership, or to discriminate against such
    49  individual in the terms, conditions and privileges of membership in such
    50  board.
    51    § 12.  Paragraph (a) of subdivision 9 of section 296 of the  executive
    52  law,  as  amended by chapter 202 of the laws of 2022, is amended to read
    53  as follows:
    54    (a) It shall be an  unlawful  discriminatory  practice  for  any  fire
    55  department or fire company therein, through any member or members there-
    56  of, officers, board of fire commissioners or other body or office having

        A. 10618                            8

     1  power  of appointment of volunteer firefighters, directly or indirectly,
     2  by ritualistic practice, constitutional or by-law prescription, by tacit
     3  agreement among its members, or otherwise, to  deny  to  any  individual
     4  membership  in any volunteer fire department or fire company therein, or
     5  to expel or discriminate against any volunteer member of a fire  depart-
     6  ment  or  fire  company  therein,  because  of  the  race, creed, color,
     7  national origin, sexual  orientation,  gender  identity  or  expression,
     8  military  status,  sex,  pregnancy  outcome, marital status, status as a
     9  victim of domestic violence, or familial status, of such individual.
    10    § 13. Paragraphs a, b, c and e of subdivision 1 of  section  296-a  of
    11  the  executive  law,  as amended by chapter 202 of the laws of 2022, are
    12  amended to read as follows:
    13    a. In the  case  of  applications  for  credit  with  respect  to  the
    14  purchase,  acquisition,  construction, rehabilitation, repair or mainte-
    15  nance of any housing accommodation, land or commercial space to discrim-
    16  inate against any such applicant because  of  the  race,  creed,  color,
    17  national  origin,  sexual  orientation,  gender  identity or expression,
    18  military status, age, sex, pregnancy outcome, marital status, status  as
    19  a  victim  of  domestic violence, disability, or familial status of such
    20  applicant or applicants or any member, stockholder, director, officer or
    21  employee of such applicant or applicants, or of  the  prospective  occu-
    22  pants  or  tenants  of  such  housing  accommodation, land or commercial
    23  space, in the granting, withholding, extending or renewing,  or  in  the
    24  fixing of the rates, terms or conditions of, any such credit;
    25    b.  To  discriminate in the granting, withholding, extending or renew-
    26  ing, or in the fixing of the rates, terms or conditions of, any form  of
    27  credit,  on  the  basis  of  race, creed, color, national origin, sexual
    28  orientation, gender identity or expression, military status,  age,  sex,
    29  pregnancy  outcome,  marital  status,  status  as  a  victim of domestic
    30  violence, disability, or familial status;
    31    c. To use any form of application for credit or use or make any record
    32  or inquiry which expresses,  directly  or  indirectly,  any  limitation,
    33  specification,  or  discrimination  as  to  race, creed, color, national
    34  origin, sexual orientation,  gender  identity  or  expression,  military
    35  status,  age, sex, pregnancy outcome, marital status, status as a victim
    36  of domestic violence, disability, or familial status;
    37    e. To refuse to consider  sources  of  an  applicant's  income  or  to
    38  subject  an  applicant's  income  to  discounting,  in whole or in part,
    39  because of an applicant's race, creed, color,  national  origin,  sexual
    40  orientation,  gender  identity or expression, military status, age, sex,
    41  pregnancy outcome, marital  status,  status  as  a  victim  of  domestic
    42  violence, childbearing potential, disability, or familial status;
    43    §  14.  Subdivisions 2 and 3 of section 296-a of the executive law, as
    44  amended by chapter 202 of the laws of  2022,  are  amended  to  read  as
    45  follows:
    46    2. Without limiting the generality of subdivision one of this section,
    47  it  shall  be considered discriminatory if, because of an applicant's or
    48  class of applicants' race, creed, color, national origin, sexual  orien-
    49  tation,  gender identity or expression, military status, age, sex, preg-
    50  nancy outcome, marital status, status as a victim of domestic  violence,
    51  disability,  or familial status, (i) an applicant or class of applicants
    52  is denied credit in circumstances where other applicants of like overall
    53  credit worthiness are granted credit, or (ii)  special  requirements  or
    54  conditions,   such   as  requiring  co-obligors  or  reapplication  upon
    55  marriage, are imposed upon  an  applicant  or  class  of  applicants  in

        A. 10618                            9

     1  circumstances  where  similar requirements or conditions are not imposed
     2  upon other applicants of like overall credit worthiness.
     3    3.  It  shall  not  be  considered  discriminatory if credit differen-
     4  tiations or decisions are based upon  factually  supportable,  objective
     5  differences  in applicants' overall credit worthiness, which may include
     6  reference to such factors as current income,  assets  and  prior  credit
     7  history  of  such applicants, as well as reference to any other relevant
     8  factually supportable data; provided, however, that  no  creditor  shall
     9  consider, in evaluating the credit worthiness of an applicant, aggregate
    10  statistics  or  assumptions  relating  to  race,  creed, color, national
    11  origin, sexual orientation,  gender  identity  or  expression,  military
    12  status,  sex,  pregnancy  outcome, marital status, status as a victim of
    13  domestic violence or disability, or to the likelihood of  any  group  of
    14  persons bearing or rearing children, or for that reason receiving dimin-
    15  ished or interrupted income in the future.
    16    §  15.    Subdivision  2  of  section 40-c of the civil rights law, as
    17  amended by chapter 8 of the laws of 2019, is amended to read as follows:
    18    2. No person shall, because of race, creed,  color,  national  origin,
    19  sex, pregnancy outcome, marital status, sexual orientation, gender iden-
    20  tity  or  expression,  or disability, as such term is defined in section
    21  two hundred ninety-two  of  the  executive  law,  be  subjected  to  any
    22  discrimination  in  his  or  her  civil rights, or to any harassment, as
    23  defined in section 240.25 of the penal law, in the exercise thereof,  by
    24  any  other  person or by any firm, corporation or institution, or by the
    25  state or any agency or subdivision of the state.
    26    § 16.  This act shall take effect immediately.
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