S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7021

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 29, 2013
                               ___________

Introduced  by  M. of A. RUSSELL, ENGLEBRIGHT, WEINSTEIN, PAULIN, GLICK,
  GUNTHER, GALEF, TITUS, LIFTON,  ROSENTHAL,  JAFFEE,  MILLMAN,  MARKEY,
  SCHIMEL,  LUPARDO,  BRONSON -- Multi-Sponsored by -- M. of A. BARRETT,
  BENEDETTO, BRINDISI, BUCHWALD, FAHY, HENNESSEY, HEVESI,  KIM,  LAVINE,
  O'DONNELL,  ROSA,  ROZIC,  SIMOTAS,  SOLAGES,  TITONE -- read once and
  referred to the Committee on Governmental Operations

AN ACT to amend the executive law, in relation to prohibiting  discrimi-
  nation based on familial status

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section  296  of  the  executive  law,  as
amended  by chapter 803 of the laws of 1975, paragraph (a) as amended by
chapter 80 of the laws of 2009, paragraphs (b), (c) and (d)  as  amended
by  chapter  75 of the laws of 2005, paragraph (e) as amended by chapter
166 of the laws of 2000 and paragraph (g) as added by chapter 98 of  the
laws of 1984, is amended to read as follows:
  1. It shall be an unlawful discriminatory practice:
  (a)  For  an  employer or licensing agency, because of an individual's
age, race, creed, color, national origin, sexual  orientation,  military
status,  sex,  disability, predisposing genetic characteristics, marital
status, [or] domestic violence victim status,  OR  FAMILIAL  STATUS,  to
refuse  to hire or employ or to bar or to discharge from employment such
individual or to discriminate against such individual in compensation or
in terms, conditions or privileges of employment.
  (b) For an employment agency to discriminate  against  any  individual
because of age, race, creed, color, national origin, sexual orientation,
military  status, sex, disability, predisposing genetic characteristics,
[or] marital status, OR  FAMILIAL  STATUS,  in  receiving,  classifying,
disposing  or  otherwise acting upon applications for its services or in
referring an applicant or applicants to an employer or employers.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10566-01-3

              

A. 7021                             2

  (c) For a labor organization, because of the age, race, creed,  color,
national  origin,  sexual orientation, military status, sex, disability,
predisposing genetic characteristics, [or], marital status  OR  FAMILIAL
STATUS  of  any  individual,  to exclude or to expel from its membership
such individual or to discriminate in any way against any of its members
or against any employer or any individual employed by an employer.
  (d)  For  any  employer  or employment agency to print or circulate or
cause to be printed or circulated any statement, advertisement or publi-
cation, or to use any form of application for employment or to make  any
inquiry  in  connection  with  prospective  employment,  which expresses
directly or indirectly, any limitation, specification or  discrimination
as  to  age,  race,  creed,  color, national origin, sexual orientation,
military status, sex, disability, predisposing genetic  characteristics,
[or]  marital status, OR FAMILIAL STATUS, or any intent to make any such
limitation, specification or discrimination, unless based  upon  a  bona
fide  occupational  qualification;  provided, however, that neither this
paragraph nor any provision of  this  chapter  or  other  law  shall  be
construed  to prohibit the department of civil service or the department
of personnel of any city containing more than one county from requesting
information from applicants for civil  service  examinations  concerning
any  of  the  aforementioned  characteristics,  other than sexual orien-
tation, for the purpose of conducting studies to  identify  and  resolve
possible  problems  in  recruitment  and  testing of members of minority
groups to insure  the  fairest  possible  and  equal  opportunities  for
employment  in  the  civil  service  for all persons, regardless of age,
race,  creed,  color,  national  origin,  sexual  orientation,  military
status,  sex,  disability,  predisposing  genetic  characteristics, [or]
marital status OR FAMILIAL STATUS.
  (e) For any employer,  labor  organization  or  employment  agency  to
discharge, expel or otherwise discriminate against any person because he
or she has opposed any practices forbidden under this article or because
he or she has filed a complaint, testified or assisted in any proceeding
under this article.
  (f) Nothing in this subdivision shall affect any restrictions upon the
activities  of  persons  licensed  by  the  state  liquor authority with
respect to persons under twenty-one years of age.
  (g) For an employer to compel an employee who is pregnant  to  take  a
leave  of  absence,  unless  the employee is prevented by such pregnancy
from performing the activities involved in the job or  occupation  in  a
reasonable manner.
  S  2.  Subdivision 1-a of section 296 of the executive law, as amended
by chapter 803 of the laws of 1975,  paragraphs  (b),  (c)  and  (d)  as
amended  by  chapter  106  of  the  laws  of 2003, is amended to read as
follows:
  1-a. It shall be an unlawful discriminatory practice for an  employer,
labor  organization,  employment  agency  or  any joint labor-management
committee controlling apprentice training programs:
  (a) To select persons for an apprentice  training  program  registered
with the state of New York on any basis other than their qualifications,
as determined by objective criteria which permit review;
  (b)  To  deny  to  or withhold from any person because of race, creed,
color, national origin, sexual orientation, military status,  sex,  age,
disability,  [or]  marital  status,  OR FAMILIAL STATUS, the right to be
admitted to or participate in  a  guidance  program,  an  apprenticeship
training   program,  on-the-job  training  program,  executive  training
program, or other occupational training or retraining program;

A. 7021                             3

  (c) To discriminate against any person in his or her pursuit  of  such
programs  or  to discriminate against such a person in the terms, condi-
tions or privileges of such programs  because  of  race,  creed,  color,
national origin, sexual orientation, military status, sex, age, disabil-
ity [or], marital status OR FAMILIAL STATUS;
  (d)  To  print  or  circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of  applica-
tion  for  such  programs or to make any inquiry in connection with such
program which expresses, directly or indirectly, any  limitation,  spec-
ification  or  discrimination as to race, creed, color, national origin,
sexual orientation, military status, sex, age, disability [or],  marital
status,  OR  FAMILIAL  STATUS, or any intention to make any such limita-
tion, specification or discrimination, unless based on a bona fide occu-
pational qualification.
  S 3. Paragraph (a) of subdivision 9 of section 296  of  the  executive
law,  as  amended by chapter 106 of the laws of 2003, is amended to read
as follows:
  (a) It shall be an  unlawful  discriminatory  practice  for  any  fire
department or fire company therein, through any member or members there-
of, officers, board of fire commissioners or other body or office having
power  of appointment of volunteer firefighters, directly or indirectly,
by ritualistic practice, constitutional or by-law prescription, by tacit
agreement among its members, or otherwise, to  deny  to  any  individual
membership  in any volunteer fire department or fire company therein, or
to expel or discriminate against any volunteer member of a fire  depart-
ment  or  fire  company  therein,  because  of  the  race, creed, color,
national origin, sexual orientation, military status, sex [or],  marital
status, OR FAMILIAL STATUS, of such individual.
  S 4. Subdivision 13 of section 296 of the executive law, as amended by
chapter 196 of the laws of 2010, is amended to read as follows:
  13. It shall be an unlawful discriminatory practice (i) for any person
to  boycott  or  blacklist,  or  to refuse to buy from, sell to or trade
with, or otherwise discriminate against any person, because of the race,
creed, color, national origin, sexual orientation, military status, sex,
[or] disability, OR FAMILIAL STATUS, of such person, or of such person's
partners, members, stockholders, directors, officers,  managers,  super-
intendents, agents, employees, business associates, suppliers or custom-
ers, or (ii) for any person wilfully to do any act or refrain from doing
any act which enables any such person to take such action. This subdivi-
sion shall not apply to:
  (a) Boycotts connected with labor disputes; or
  (b) Boycotts to protest unlawful discriminatory practices.
  S  5.  This  act shall take effect on the thirtieth day after it shall
have become a law.