Bill Text: NY S04172 | 2023-2024 | General Assembly | Introduced
Bill Title: Adds "pregnancy outcome" to the list of protected classes.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-01-03 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S04172 Detail]
Download: New_York-2023-S04172-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4172 2023-2024 Regular Sessions IN SENATE February 3, 2023 ___________ Introduced by Sens. KRUEGER, HARCKHAM -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government 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 42 to read as follows: 3 42. 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01102-02-3S. 4172 2 1 § 3. Subdivisions 8 and 9 of section 295 of the executive law, as 2 amended by chapter 8 of the laws of 2019, are amended to read as 3 follows: 4 8. To create such advisory councils, local, regional or state-wide, as 5 in its judgment will aid in effectuating the purposes of this article 6 and of section eleven of article one of the constitution of this state, 7 and the division may empower them to study the problems of discrimi- 8 nation in all or specific fields of human relationships or in specific 9 instances of discrimination because of age, race, creed, color, national 10 origin, sexual orientation, gender identity or expression, military 11 status, sex, pregnancy outcome, disability or marital status and make 12 recommendations to the division for the development of policies and 13 procedures in general and in specific instances. The advisory councils 14 also shall disseminate information about the division's activities to 15 organizations and individuals in their localities. Such advisory coun- 16 cils shall be composed of representative citizens, serving without pay, 17 but with reimbursement for actual and necessary traveling expenses; and 18 the division may make provision for technical and clerical assistance to 19 such councils and for the expenses of such assistance. 20 9. To develop human rights plans and policies for the state and assist 21 in their execution and to make investigations and studies appropriate to 22 effectuate this article and to issue such publications and such results 23 of investigations and research as in its judgement will tend to inform 24 persons of the rights assured and remedies provided under this article, 25 to promote good-will and minimize or eliminate discrimination because of 26 age, race, creed, color, national origin, sexual orientation, gender 27 identity or expression, military status, sex, pregnancy outcome, disa- 28 bility or marital status. 29 § 4. Paragraphs (a), (b), (c), (d) and (h) of subdivision 1 of section 30 296 of the executive law, as separately amended by chapters 202 and 748 31 of the laws of 2022, are amended to read as follows: 32 (a) For an employer or licensing agency, because of an individual's 33 age, race, creed, color, national origin, citizenship or immigration 34 status, sexual orientation, gender identity or expression, military 35 status, sex, pregnancy outcome, disability, predisposing genetic charac- 36 teristics, familial status, marital status, or status as a victim of 37 domestic violence, to refuse to hire or employ or to bar or to discharge 38 from employment such individual or to discriminate against such individ- 39 ual in compensation or in terms, conditions or privileges of employment. 40 (b) For an employment agency to discriminate against any individual 41 because of age, race, creed, color, national origin, citizenship or 42 immigration status, sexual orientation, gender identity or expression, 43 military status, sex, pregnancy outcome, disability, predisposing genet- 44 ic characteristics, familial status, marital status, or status as a 45 victim of domestic violence, in receiving, classifying, disposing or 46 otherwise acting upon applications for its services or in referring an 47 applicant or applicants to an employer or employers. 48 (c) For a labor organization, because of the age, race, creed, color, 49 national origin, citizenship or immigration status, sexual orientation, 50 gender identity or expression, military status, sex, pregnancy outcome, 51 disability, predisposing genetic characteristics, familial status, mari- 52 tal status, or status as a victim of domestic violence, of any individ- 53 ual, to exclude or to expel from its membership such individual or to 54 discriminate in any way against any of its members or against any 55 employer or any individual employed by an employer.S. 4172 3 1 (d) For any employer or employment agency to print or circulate or 2 cause to be printed or circulated any statement, advertisement or publi- 3 cation, or to use any form of application for employment or to make any 4 inquiry in connection with prospective employment, which expresses 5 directly or indirectly, any limitation, specification or discrimination 6 as to age, race, creed, color, national origin, citizenship or immi- 7 gration status, sexual orientation, gender identity or expression, mili- 8 tary status, sex, pregnancy outcome, disability, predisposing genetic 9 characteristics, familial status, marital status, or status as a victim 10 of domestic violence, or any intent to make any such limitation, spec- 11 ification or discrimination, unless based upon a bona fide occupational 12 qualification; provided, however, that neither this paragraph nor any 13 provision of this chapter or other law shall be construed to prohibit 14 the department of civil service or the department of personnel of any 15 city containing more than one county from requesting information from 16 applicants for civil service examinations concerning any of the afore- 17 mentioned characteristics, other than sexual orientation, for the 18 purpose of conducting studies to identify and resolve possible problems 19 in recruitment and testing of members of minority groups to ensure the 20 fairest possible and equal opportunities for employment in the civil 21 service for all persons, regardless of age, race, creed, color, national 22 origin, citizenship or immigration status, sexual orientation or gender 23 identity or expression, military status, sex, pregnancy outcome, disa- 24 bility, predisposing genetic characteristics, familial status, or mari- 25 tal status. 26 (h) For an employer, licensing agency, employment agency or labor 27 organization to subject any individual to harassment because of an indi- 28 vidual's age, race, creed, color, national origin, citizenship or immi- 29 gration status, sexual orientation, gender identity or expression, mili- 30 tary status, sex, pregnancy outcome, disability, predisposing genetic 31 characteristics, familial status, marital status, status as a victim of 32 domestic violence, or because the individual has opposed any practices 33 forbidden under this article or because the individual has filed a 34 complaint, testified or assisted in any proceeding under this article, 35 regardless of whether such harassment would be considered severe or 36 pervasive under precedent applied to harassment claims. Such harassment 37 is an unlawful discriminatory practice when it subjects an individual to 38 inferior terms, conditions or privileges of employment because of the 39 individual's membership in one or more of these protected categories. 40 The fact that such individual did not make a complaint about the harass- 41 ment to such employer, licensing agency, employment agency or labor 42 organization shall not be determinative of whether such employer, 43 licensing agency, employment agency or labor organization shall be 44 liable. Nothing in this section shall imply that an employee must demon- 45 strate the existence of an individual to whom the employee's treatment 46 must be compared. It shall be an affirmative defense to liability under 47 this subdivision that the harassing conduct does not rise above the 48 level of what a reasonable victim of discrimination with the same 49 protected characteristic or characteristics would consider petty slights 50 or trivial inconveniences. 51 § 5. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of 52 the executive law, as separately amended by chapters 202 and 748 of the 53 laws of 2022, are amended to read as follows: 54 (b) To deny to or withhold from any person because of race, creed, 55 color, national origin, citizenship or immigration status, sexual orien- 56 tation, gender identity or expression, military status, sex, pregnancyS. 4172 4 1 outcome, age, disability, familial status, marital status, or status as 2 a victim of domestic violence, the right to be admitted to or partic- 3 ipate in a guidance program, an apprenticeship training program, on-the- 4 job training program, executive training program, or other occupational 5 training or retraining program; 6 (c) To discriminate against any person in his or her pursuit of such 7 programs or to discriminate against such a person in the terms, condi- 8 tions or privileges of such programs because of race, creed, color, 9 national origin, citizenship or immigration status, sexual orientation, 10 gender identity or expression, military status, sex, pregnancy outcome, 11 age, disability, familial status, marital status, or status as a victim 12 of domestic violence; 13 (d) To print or circulate or cause to be printed or circulated any 14 statement, advertisement or publication, or to use any form of applica- 15 tion for such programs or to make any inquiry in connection with such 16 program which expresses, directly or indirectly, any limitation, spec- 17 ification or discrimination as to race, creed, color, national origin, 18 citizenship or immigration status, sexual orientation, gender identity 19 or expression, military status, sex, pregnancy outcome, age, disability, 20 familial status, marital status, or status as a victim of domestic 21 violence, or any intention to make any such limitation, specification or 22 discrimination, unless based on a bona fide occupational qualification. 23 § 6. Paragraph (a) of subdivision 2 of section 296 of the executive 24 law, as separately amended by chapters 202 and 748 of the laws of 2022, 25 is amended to read as follows: 26 (a) It shall be an unlawful discriminatory practice for any person, 27 being the owner, lessee, proprietor, manager, superintendent, agent or 28 employee of any place of public accommodation, resort or amusement, 29 because of the race, creed, color, national origin, citizenship or immi- 30 gration status, sexual orientation, gender identity or expression, mili- 31 tary status, sex, pregnancy outcome, disability, marital status, or 32 status as a victim of domestic violence, of any person, directly or 33 indirectly, to refuse, withhold from or deny to such person any of the 34 accommodations, advantages, facilities or privileges thereof, including 35 the extension of credit, or, directly or indirectly, to publish, circu- 36 late, issue, display, post or mail any written or printed communication, 37 notice or advertisement, to the effect that any of the accommodations, 38 advantages, facilities and privileges of any such place shall be 39 refused, withheld from or denied to any person on account of race, 40 creed, color, national origin, citizenship or immigration status, sexual 41 orientation, gender identity or expression, military status, sex, preg- 42 nancy outcome, disability or marital status, or that the patronage or 43 custom thereat of any person of or purporting to be of any particular 44 race, creed, color, national origin, citizenship or immigration status, 45 sexual orientation, gender identity or expression, military status, sex 46 or marital status, or having a disability or pregnancy outcome, is 47 unwelcome, objectionable or not acceptable, desired or solicited. 48 § 7. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section 49 296 of the executive law, as separately amended by chapters 202 and 748 50 of the laws of 2022, are amended to read as follows: 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, citizen- 54 ship or immigration status, sexual orientation, gender identity or 55 expression, military status, age, sex, pregnancy outcome, marital 56 status, status as a victim of domestic violence, lawful source of incomeS. 4172 5 1 or familial status of such person or persons, or to represent that any 2 housing accommodation or land is not available for inspection, sale, 3 rental or lease when in fact it is so available. 4 (b) To discriminate against any person because of his or her race, 5 creed, color, disability, national origin, citizenship or immigration 6 status, sexual orientation, gender identity or expression, military 7 status, age, sex, pregnancy outcome, marital status, status as a victim 8 of domestic violence, lawful source of income or familial status in the 9 terms, conditions or privileges of any publicly-assisted housing accom- 10 modations or in the furnishing of facilities or services in connection 11 therewith. 12 (c) To cause to be made any written or oral inquiry or record concern- 13 ing the race, creed, color, disability, national origin, citizenship or 14 immigration status, sexual orientation, gender identity or expression, 15 membership in the reserve armed forces of the United States or in the 16 organized militia of the state, age, sex, pregnancy outcome, marital 17 status, status as a victim of domestic violence, lawful source of income 18 or familial status of a person seeking to rent or lease any publicly-as- 19 sisted housing accommodation; provided, however, that nothing in this 20 subdivision shall prohibit a member of the reserve armed forces of the 21 United States or in the organized militia of the state from voluntarily 22 disclosing such membership. 23 (c-1) To print or circulate or cause to be printed or circulated any 24 statement, advertisement or publication, or to use any form of applica- 25 tion for the purchase, rental or lease of such housing accommodation or 26 to make any record or inquiry in connection with the prospective 27 purchase, rental or lease of such a housing accommodation which 28 expresses, directly or indirectly, any limitation, specification or 29 discrimination as to race, creed, color, national origin, citizenship or 30 immigration status, sexual orientation, gender identity or expression, 31 military status, sex, pregnancy outcome, age, disability, marital 32 status, status as a victim of domestic violence, lawful source of income 33 or familial status, or any intent to make any such limitation, specifi- 34 cation or discrimination. 35 § 8. Subdivisions 3-b, 4 and 13 of section 296 of the executive law, 36 as separately amended by chapters 202 and 748 of the laws of 2022, are 37 amended to read as follows: 38 3-b. It shall be an unlawful discriminatory practice for any real 39 estate broker, real estate salesperson or employee or agent thereof or 40 any other individual, corporation, partnership or organization for the 41 purpose of inducing a real estate transaction from which any such person 42 or any of its stockholders or members may benefit financially, to repre- 43 sent that a change has occurred or will or may occur in the composition 44 with respect to race, creed, color, national origin, citizenship or 45 immigration status, sexual orientation, gender identity or expression, 46 military status, sex, pregnancy outcome, disability, marital status, 47 status as a victim of domestic violence, or familial status of the 48 owners or occupants in the block, neighborhood or area in which the real 49 property is located, and to represent, directly or indirectly, that this 50 change will or may result in undesirable consequences in the block, 51 neighborhood or area in which the real property is located, including 52 but not limited to the lowering of property values, an increase in crim- 53 inal or anti-social behavior, or a decline in the quality of schools or 54 other facilities. 55 4. It shall be an unlawful discriminatory practice for an educational 56 institution to deny the use of its facilities to any person otherwiseS. 4172 6 1 qualified, or to permit the harassment of any student or applicant, by 2 reason of his race, color, religion, disability, national origin, citi- 3 zenship or immigration status, sexual orientation, gender identity or 4 expression, military status, sex, pregnancy outcome, age, marital 5 status, or status as a victim of domestic violence, except that any such 6 institution which establishes or maintains a policy of educating persons 7 of one sex exclusively may admit students of only one sex. 8 13. It shall be an unlawful discriminatory practice (i) for any person 9 to boycott or blacklist, or to refuse to buy from, sell to or trade 10 with, or otherwise discriminate against any person, because of the race, 11 creed, color, national origin, citizenship or immigration status, sexual 12 orientation, gender identity or expression, military status, sex, preg- 13 nancy outcome, status as a victim of domestic violence, disability, or 14 familial status, or of such person, or of such person's partners, 15 members, stockholders, directors, officers, managers, superintendents, 16 agents, employees, business associates, suppliers or customers, or (ii) 17 for any person wilfully to do any act or refrain from doing any act 18 which enables any such person to take such action. This subdivision 19 shall not apply to: 20 (a) Boycotts connected with labor disputes; or 21 (b) Boycotts to protest unlawful discriminatory practices. 22 § 9. Subparagraphs 1, 2 and 3 of paragraph (a) of subdivision 5 of 23 section 296 of the executive law, as separately amended by chapters 202 24 and 748 of the laws of 2022, are amended to read as follows: 25 (1) To refuse to sell, rent, lease or otherwise to deny to or withhold 26 from any person or group of persons such a housing accommodation because 27 of the race, creed, color, national origin, citizenship or immigration 28 status, sexual orientation, gender identity or expression, military 29 status, sex, pregnancy outcome, age, disability, marital status, status 30 as a victim of domestic violence, lawful source of income or familial 31 status of such person or persons, or to represent that any housing 32 accommodation or land is not available for inspection, sale, rental or 33 lease when in fact it is so available. 34 (2) To discriminate against any person because of race, creed, color, 35 national origin, citizenship or immigration status, sexual orientation, 36 gender identity or expression, military status, sex, pregnancy outcome, 37 age, disability, marital status, status as a victim of domestic 38 violence, lawful source of income or familial status in the terms, 39 conditions or privileges of the sale, rental or lease of any such hous- 40 ing accommodation or in the furnishing of facilities or services in 41 connection therewith. 42 (3) To print or circulate or cause to be printed or circulated any 43 statement, advertisement or publication, or to use any form of applica- 44 tion for the purchase, rental or lease of such housing accommodation or 45 to make any record or inquiry in connection with the prospective 46 purchase, rental or lease of such a housing accommodation which 47 expresses, directly or indirectly, any limitation, specification or 48 discrimination as to race, creed, color, national origin, citizenship or 49 immigration status, sexual orientation, gender identity or expression, 50 military status, sex, pregnancy outcome, age, disability, marital 51 status, status as a victim of domestic violence, lawful source of income 52 or familial status, or any intent to make any such limitation, specifi- 53 cation or discrimination. 54 § 10. Subparagraphs 1, 2 and 3 of paragraph (b) of subdivision 5 of 55 section 296 of the executive law, as separately amended by chapters 202 56 and 748 of the laws of 2022, are amended to read as follows:S. 4172 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, pregnancy outcome, age, disability, marital status, status 6 as 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, pregnancy outcome, 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, pregnancy outcome, age, disability, marital 26 status, status as a victim of domestic violence, or familial status; or 27 any intent to make any such limitation, specification or discrimination. 28 § 11. Subparagraphs 1 and 2 of paragraph (c) and paragraph (d) of 29 subdivision 5 of section 296 of the executive law, as separately amended 30 by chapters 202 and 748 of the laws of 2022, are amended to read as 31 follows: 32 (1) To refuse to sell, rent or lease any housing accommodation, land 33 or commercial space to any person or group of persons or to refuse to 34 negotiate for the sale, rental or lease, of any housing accommodation, 35 land or commercial space to any person or group of persons because of 36 the race, creed, color, national origin, citizenship or immigration 37 status, sexual orientation, gender identity or expression, military 38 status, sex, pregnancy outcome, age, disability, marital status, status 39 as a victim of domestic violence, lawful source of income or familial 40 status of such person or persons, or to represent that any housing 41 accommodation, land or commercial space is not available for inspection, 42 sale, rental or lease when in fact it is so available, or otherwise to 43 deny or withhold any housing accommodation, land or commercial space or 44 any facilities of any housing accommodation, land or commercial space 45 from any person or group of persons because of the race, creed, color, 46 national origin, citizenship or immigration status, sexual orientation, 47 gender identity or expression, military status, sex, pregnancy outcome, 48 age, disability, marital status, lawful source of income or familial 49 status of such person or persons. 50 (2) To print or circulate or cause to be printed or circulated any 51 statement, advertisement or publication, or to use any form of applica- 52 tion for the purchase, rental or lease of any housing accommodation, 53 land or commercial space or to make any record or inquiry in connection 54 with the prospective purchase, rental or lease of any housing accommo- 55 dation, land or commercial space which expresses, directly or indirect- 56 ly, any limitation, specification, or discrimination as to race, creed,S. 4172 8 1 color, national origin, citizenship or immigration status, sexual orien- 2 tation, gender identity or expression, military status, sex, pregnancy 3 outcome, age, disability, marital status, status as a victim of domestic 4 violence, lawful source of income or familial status; or any intent to 5 make any such limitation, specification or discrimination. 6 (d) It shall be an unlawful discriminatory practice for any real 7 estate board, because of the race, creed, color, national origin, citi- 8 zenship or immigration status, sexual orientation, gender identity or 9 expression, military status, age, sex, pregnancy outcome, disability, 10 marital status, status as a victim of domestic violence, lawful source 11 of income or familial status of any individual who is otherwise quali- 12 fied for membership, to exclude or expel such individual from member- 13 ship, or to discriminate against such individual in the terms, condi- 14 tions and privileges of membership in such board. 15 § 12. Paragraph (a) of subdivision 9 of section 296 of the executive 16 law, as separately amended by chapters 202 and 748 of the laws of 2022, 17 is amended to read as follows: 18 (a) It shall be an unlawful discriminatory practice for any fire 19 department or fire company therein, through any member or members there- 20 of, officers, board of fire commissioners or other body or office having 21 power of appointment of volunteer firefighters, directly or indirectly, 22 by ritualistic practice, constitutional or by-law prescription, by tacit 23 agreement among its members, or otherwise, to deny to any individual 24 membership in any volunteer fire department or fire company therein, or 25 to expel or discriminate against any volunteer member of a fire depart- 26 ment or fire company therein, because of the race, creed, color, 27 national origin, citizenship or immigration status, sexual orientation, 28 gender identity or expression, military status, sex, pregnancy outcome, 29 marital status, status as a victim of domestic violence, or familial 30 status, of such individual. 31 § 13. Paragraphs a, b, c and e of subdivision 1 of section 296-a of 32 the executive law, as separately amended by chapters 202 and 748 of the 33 laws of 2022, are amended to read as follows: 34 a. In the case of applications for credit with respect to the 35 purchase, acquisition, construction, rehabilitation, repair or mainte- 36 nance of any housing accommodation, land or commercial space to discrim- 37 inate against any such applicant because of the race, creed, color, 38 national origin, citizenship or immigration status, sexual orientation, 39 gender identity or expression, military status, age, sex, pregnancy 40 outcome, marital status, status as a victim of domestic violence, disa- 41 bility, or familial status of such applicant or applicants or any 42 member, stockholder, director, officer or employee of such applicant or 43 applicants, or of the prospective occupants or tenants of such housing 44 accommodation, land or commercial space, in the granting, withholding, 45 extending or renewing, or in the fixing of the rates, terms or condi- 46 tions of, any such credit; 47 b. To discriminate in the granting, withholding, extending or renew- 48 ing, or in the fixing of the rates, terms or conditions of, any form of 49 credit, on the basis of race, creed, color, national origin, citizenship 50 or immigration status, sexual orientation, gender identity or 51 expression, military status, age, sex, pregnancy outcome, marital 52 status, status as a victim of domestic violence, disability, or familial 53 status; 54 c. To use any form of application for credit or use or make any record 55 or inquiry which expresses, directly or indirectly, any limitation, 56 specification, or discrimination as to race, creed, color, nationalS. 4172 9 1 origin, citizenship or immigration status, sexual orientation, gender 2 identity or expression, military status, age, sex, pregnancy outcome, 3 marital status, status as a victim of domestic violence, disability, or 4 familial status; 5 e. To refuse to consider sources of an applicant's income or to 6 subject an applicant's income to discounting, in whole or in part, 7 because of an applicant's race, creed, color, national origin, citizen- 8 ship or immigration status, sexual orientation, gender identity or 9 expression, military status, age, sex, pregnancy outcome, marital 10 status, status as a victim of domestic violence, childbearing potential, 11 disability, or familial status; 12 § 14. Subdivisions 2 and 3 of section 296-a of the executive law, as 13 separately amended by chapters 202 and 748 of the laws of 2022, are 14 amended to read as follows: 15 2. Without limiting the generality of subdivision one of this section, 16 it shall be considered discriminatory if, because of an applicant's or 17 class of applicants' race, creed, color, national origin, citizenship or 18 immigration status, sexual orientation, gender identity or expression, 19 military status, age, sex, pregnancy outcome, marital status, status as 20 a victim of domestic violence, disability, or familial status, (i) an 21 applicant or class of applicants is denied credit in circumstances where 22 other applicants of like overall credit worthiness are granted credit, 23 or (ii) special requirements or conditions, such as requiring co-obli- 24 gors or reapplication upon marriage, are imposed upon an applicant or 25 class of applicants in circumstances where similar requirements or 26 conditions are not imposed upon other applicants of like overall credit 27 worthiness. 28 3. It shall not be considered discriminatory if credit differen- 29 tiations or decisions are based upon factually supportable, objective 30 differences in applicants' overall credit worthiness, which may include 31 reference to such factors as current income, assets and prior credit 32 history of such applicants, as well as reference to any other relevant 33 factually supportable data; provided, however, that no creditor shall 34 consider, in evaluating the credit worthiness of an applicant, aggregate 35 statistics or assumptions relating to race, creed, color, national 36 origin, citizenship or immigration status, sexual orientation, gender 37 identity or expression, military status, sex, pregnancy outcome, marital 38 status, status as a victim of domestic violence or disability, or to the 39 likelihood of any group of persons bearing or rearing children, or for 40 that reason receiving diminished or interrupted income in the future. 41 § 15. Subdivision 2 of section 40-c of the civil rights law, as 42 amended by chapter 8 of the laws of 2019, is amended to read as follows: 43 2. No person shall, because of race, creed, color, national origin, 44 sex, pregnancy outcome, marital status, sexual orientation, gender iden- 45 tity or expression, or disability, as such term is defined in section 46 two hundred ninety-two of the executive law, be subjected to any 47 discrimination in his or her civil rights, or to any harassment, as 48 defined in section 240.25 of the penal law, in the exercise thereof, by 49 any other person or by any firm, corporation or institution, or by the 50 state or any agency or subdivision of the state. 51 § 16. This act shall take effect immediately.