A. 6539 2
(F) A UNITED STATES DOCUMENTED MERCHANT MARINER WITH SERVICE ABOARD AN
OCEANGOING VESSEL OPERATED BY THE DEPARTMENT OF DEFENSE FROM BOTH JUNE
TWENTY-FIFTH, NINETEEN HUNDRED FIFTY THROUGH JULY TWENTY-SEVENTH, NINE-
TEEN HUNDRED FIFTY-THREE IN KOREAN TERRITORIAL WATERS AND FROM AUGUST
FIFTH, NINETEEN HUNDRED SIXTY-FOUR THROUGH MAY SEVENTH, NINETEEN HUNDRED
SEVENTY-FIVE IN VIETNAM TERRITORIAL WATERS, AND WHO RECEIVED A MILITARY
COMMENDATION.
S 2. Section 296 of the executive law is REPEALED and a new section
296 is added to read as follows:
S 296. UNLAWFUL DISCRIMINATORY PRACTICES. 1. IT SHALL BE AN UNLAWFUL
DISCRIMINATORY PRACTICE:
(A) FOR AN EMPLOYER OR LICENSING AGENCY, BECAUSE OF THE AGE, RACE,
CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY STATUS,
VETERAN STATUS, SEX, DISABILITY, PREDISPOSING GENETIC CHARACTERISTICS,
OR MARITAL STATUS OF ANY INDIVIDUAL, 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 PRIV-
ILEGES OF EMPLOYMENT.
(B) FOR AN EMPLOYMENT AGENCY TO DISCRIMINATE AGAINST ANY INDIVIDUAL
BECAUSE OF AGE, RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION,
MILITARY STATUS, VETERAN STATUS, SEX, DISABILITY, PREDISPOSING GENETIC
CHARACTERISTICS, OR MARITAL 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.
(C) FOR A LABOR ORGANIZATION, BECAUSE OF THE AGE, RACE, CREED, COLOR,
NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY STATUS, VETERAN STATUS,
SEX, DISABILITY, PREDISPOSING GENETIC CHARACTERISTICS, OR MARITAL STATUS
OF ANY INDIVIDUAL, TO EXCLUDE OR TO EXPEL FROM ITS MEMBERSHIP SUCH INDI-
VIDUAL 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, VETERAN STATUS, SEX, DISABILITY, PREDISPOSING GENETIC
CHARACTERISTICS, OR MARITAL STATUS, OR ANY INTENT TO MAKE ANY SUCH LIMI-
TATION, SPECIFICATION OR DISCRIMINATION, UNLESS BASED UPON A BONA FIDE
OCCUPATIONAL QUALIFICATION; PROVIDED, HOWEVER, THAT NEITHER THIS PARA-
GRAPH NOR ANY PROVISION OF THIS CHAPTER OR OTHER LAW SHALL BE CONSTRUED
TO PROHIBIT THE DEPARTMENT OF CIVIL SERVICE OR THE DEPARTMENT OF PERSON-
NEL OF ANY CITY CONTAINING MORE THAN ONE COUNTY FROM REQUESTING INFORMA-
TION FROM APPLICANTS FOR CIVIL SERVICE EXAMINATIONS CONCERNING ANY OF
THE AFOREMENTIONED CHARACTERISTICS, OTHER THAN SEXUAL ORIENTATION, FOR
THE PURPOSE OF CONDUCTING STUDIES TO IDENTIFY AND RESOLVE POSSIBLE PROB-
LEMS 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, VETERAN STATUS, SEX, DISA-
BILITY, PREDISPOSING GENETIC CHARACTERISTICS, OR MARITAL 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.
A. 6539 3
(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.
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, VETERAN
STATUS, SEX, AGE, DISABILITY, OR MARITAL STATUS, THE RIGHT TO BE ADMIT-
TED 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;
(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, VETERAN STATUS,
SEX, AGE, DISABILITY OR MARITAL 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, VETERAN STATUS, SEX, AGE, DISABILI-
TY OR MARITAL STATUS, OR ANY INTENTION TO MAKE ANY SUCH LIMITATION,
SPECIFICATION OR DISCRIMINATION, UNLESS BASED ON A BONA FIDE OCCUPA-
TIONAL QUALIFICATION.
2. (A) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY PERSON,
BEING THE OWNER, LESSEE, PROPRIETOR, MANAGER, SUPERINTENDENT, AGENT OR
EMPLOYEE OF ANY PLACE OF PUBLIC ACCOMMODATION, RESORT OR AMUSEMENT,
BECAUSE OF THE RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION,
MILITARY STATUS, VETERAN STATUS, SEX, OR DISABILITY OR MARITAL STATUS OF
ANY PERSON, DIRECTLY OR INDIRECTLY, TO REFUSE, WITHHOLD FROM OR DENY TO
SUCH PERSON ANY OF THE ACCOMMODATIONS, ADVANTAGES, FACILITIES OR PRIVI-
LEGES THEREOF, INCLUDING THE EXTENSION OF CREDIT, OR, DIRECTLY OR INDI-
RECTLY, TO PUBLISH, CIRCULATE, ISSUE, DISPLAY, POST OR MAIL ANY WRITTEN
OR PRINTED COMMUNICATION, NOTICE OR ADVERTISEMENT, TO THE EFFECT THAT
ANY OF THE ACCOMMODATIONS, ADVANTAGES, FACILITIES AND PRIVILEGES OF ANY
SUCH PLACE SHALL BE REFUSED, WITHHELD FROM OR DENIED TO ANY PERSON ON
ACCOUNT OF RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION,
MILITARY STATUS, VETERAN STATUS, SEX, OR DISABILITY OR MARITAL STATUS,
OR THAT THE PATRONAGE OR CUSTOM THEREAT OF ANY PERSON OF OR PURPORTING
TO BE OF ANY PARTICULAR RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL
ORIENTATION, MILITARY STATUS, VETERAN STATUS, SEX OR MARITAL STATUS, OR
HAVING A DISABILITY IS UNWELCOME, OBJECTIONABLE OR NOT ACCEPTABLE,
DESIRED OR SOLICITED.
(B) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PREVENT THE
BARRING OF ANY PERSON, BECAUSE OF THE SEX OF SUCH PERSON, FROM PLACES OF
PUBLIC ACCOMMODATION, RESORT OR AMUSEMENT IF THE DIVISION GRANTS AN
EXEMPTION BASED ON BONA FIDE CONSIDERATIONS OF PUBLIC POLICY; NOR SHALL
A. 6539 4
THIS SUBDIVISION APPLY TO THE RENTAL OF ROOMS IN A HOUSING ACCOMMODATION
WHICH RESTRICTS SUCH RENTAL TO INDIVIDUALS OF ONE SEX.
2-A. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR THE OWNER,
LESSEE, SUB-LESSEE, ASSIGNEE, OR MANAGING AGENT OF PUBLICLY-ASSISTED
HOUSING ACCOMMODATIONS OR OTHER PERSON HAVING THE RIGHT OF OWNERSHIP OR
POSSESSION OF OR THE RIGHT TO RENT OR LEASE SUCH ACCOMMODATIONS:
(A) TO REFUSE TO SELL, RENT OR LEASE OR OTHERWISE TO DENY TO OR WITH-
HOLD FROM ANY PERSON OR GROUP OF PERSONS SUCH HOUSING ACCOMMODATIONS
BECAUSE OF THE RACE, CREED, COLOR, DISABILITY, NATIONAL ORIGIN, SEXUAL
ORIENTATION, MILITARY STATUS, VETERAN STATUS, AGE, SEX, MARITAL STATUS,
OR FAMILIAL STATUS OF SUCH PERSON OR PERSONS, OR TO REPRESENT THAT ANY
HOUSING ACCOMMODATION OR LAND IS NOT AVAILABLE FOR INSPECTION, SALE,
RENTAL OR LEASE WHEN IN FACT IT IS SO AVAILABLE.
(B) TO DISCRIMINATE AGAINST ANY PERSON BECAUSE OF HIS OR HER RACE,
CREED, COLOR, DISABILITY, NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY
STATUS, VETERAN STATUS, AGE, SEX, MARITAL STATUS, OR FAMILIAL STATUS IN
THE TERMS, CONDITIONS OR PRIVILEGES OF ANY PUBLICLY-ASSISTED HOUSING
ACCOMMODATIONS OR IN THE FURNISHING OF FACILITIES OR SERVICES IN
CONNECTION THEREWITH.
(C) TO CAUSE TO BE MADE ANY WRITTEN OR ORAL INQUIRY OR RECORD CONCERN-
ING THE RACE, CREED, COLOR, DISABILITY, NATIONAL ORIGIN, SEXUAL ORIEN-
TATION, MEMBERSHIP IN THE RESERVE ARMED FORCES OF THE UNITED STATES OR
IN THE ORGANIZED MILITIA OF THE STATE, AGE, VETERAN STATUS, SEX, MARITAL
STATUS, OR FAMILIAL STATUS OF A PERSON SEEKING TO RENT OR LEASE ANY
PUBLICLY-ASSISTED HOUSING ACCOMMODATION; PROVIDED, HOWEVER, THAT NOTHING
IN THIS SUBDIVISION SHALL PROHIBIT A MEMBER OF THE RESERVE ARMED FORCES
OF THE UNITED STATES OR IN THE ORGANIZED MILITIA OF THE STATE FROM
VOLUNTARILY DISCLOSING SUCH MEMBERSHIP.
(C-1) 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 THE PURCHASE, RENTAL OR LEASE OF SUCH HOUSING ACCOMMODATION OR
TO MAKE ANY RECORD OR INQUIRY IN CONNECTION WITH THE PROSPECTIVE
PURCHASE, RENTAL OR LEASE OF SUCH A HOUSING ACCOMMODATION WHICH
EXPRESSES, DIRECTLY OR INDIRECTLY, ANY LIMITATION, SPECIFICATION OR
DISCRIMINATION AS TO RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIEN-
TATION, MILITARY STATUS, VETERAN STATUS, SEX, AGE, DISABILITY, MARITAL
STATUS, OR FAMILIAL STATUS, OR ANY INTENT TO MAKE ANY SUCH LIMITATION,
SPECIFICATION OR DISCRIMINATION.
(D) (1) TO REFUSE TO PERMIT, AT THE EXPENSE OF THE PERSON WITH A DISA-
BILITY, REASONABLE MODIFICATIONS OF EXISTING PREMISES OCCUPIED OR TO BE
OCCUPIED BY THE SAID PERSON, IF THE MODIFICATIONS MAY BE NECESSARY TO
AFFORD THE SAID PERSON FULL ENJOYMENT OF THE PREMISES, IN CONFORMITY
WITH THE PROVISIONS OF THE NEW YORK STATE UNIFORM FIRE PREVENTION AND
BUILDING CODE, EXCEPT THAT, IN THE CASE OF A RENTAL, THE LANDLORD MAY,
WHERE IT IS REASONABLE TO DO SO, CONDITION PERMISSION FOR A MODIFICATION
ON THE RENTER'S AGREEING TO RESTORE THE INTERIOR OF THE PREMISES TO THE
CONDITION THAT EXISTED BEFORE THE MODIFICATION, REASONABLE WEAR AND TEAR
EXCEPTED.
(2) TO REFUSE TO MAKE REASONABLE ACCOMMODATIONS IN RULES, POLICIES,
PRACTICES, OR SERVICES, WHEN SUCH ACCOMMODATIONS MAY BE NECESSARY TO
AFFORD A PERSON WITH A DISABILITY EQUAL OPPORTUNITY TO USE AND ENJOY A
DWELLING OR
(3) IN CONNECTION WITH THE DESIGN AND CONSTRUCTION OF COVERED
MULTI-FAMILY DWELLINGS FOR FIRST OCCUPANCY AFTER MARCH THIRTEENTH, NINE-
TEEN HUNDRED NINETY-ONE, A FAILURE TO DESIGN AND CONSTRUCT DWELLINGS IN
A. 6539 5
ACCORDANCE WITH THE ACCESSIBILITY REQUIREMENTS OF THE NEW YORK STATE
UNIFORM FIRE PREVENTION AND BUILDING CODE, TO PROVIDE THAT:
(I) THE PUBLIC USE AND COMMON USE PORTIONS OF THE DWELLINGS ARE READI-
LY ACCESSIBLE TO AND USABLE BY DISABLED PERSONS WITH DISABILITIES;
(II) ALL THE DOORS ARE DESIGNED IN ACCORDANCE WITH THE NEW YORK STATE
UNIFORM FIRE PREVENTION AND BUILDING CODE TO ALLOW PASSAGE INTO AND
WITHIN ALL PREMISES AND ARE SUFFICIENTLY WIDE TO ALLOW PASSAGE BY
PERSONS IN WHEELCHAIRS; AND
(III) ALL PREMISES WITHIN COVERED MULTI-FAMILY DWELLING UNITS CONTAIN
AN ACCESSIBLE ROUTE INTO AND THROUGH THE DWELLING; LIGHT SWITCHES, ELEC-
TRICAL OUTLETS, THERMOSTATS, AND OTHER ENVIRONMENTAL CONTROLS ARE IN
ACCESSIBLE LOCATIONS; THERE ARE REINFORCEMENTS IN THE BATHROOM WALLS TO
ALLOW LATER INSTALLATION OF GRAB BARS; AND THERE ARE USABLE KITCHENS AND
BATHROOMS SUCH THAT AN INDIVIDUAL IN A WHEELCHAIR CAN MANEUVER ABOUT THE
SPACE, IN CONFORMITY WITH THE NEW YORK STATE UNIFORM FIRE PREVENTION AND
BUILDING CODE.
(E) NOTHING IN THIS SUBDIVISION SHALL RESTRICT THE CONSIDERATION OF
AGE IN THE RENTAL OF PUBLICLY-ASSISTED HOUSING ACCOMMODATIONS IF THE
DIVISION GRANTS AN EXEMPTION BASED ON BONA FIDE CONSIDERATIONS OF PUBLIC
POLICY FOR THE PURPOSE OF PROVIDING FOR THE SPECIAL NEEDS OF A PARTIC-
ULAR AGE GROUP WITHOUT THE INTENT OF PREJUDICING OTHER AGE GROUPS.
(F) NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO RESTRICT THE RENTAL
OF ROOMS IN SCHOOL OR COLLEGE DORMITORIES TO INDIVIDUALS OF THE SAME
SEX.
3. (A) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOY-
ER, LICENSING AGENCY, EMPLOYMENT AGENCY OR LABOR ORGANIZATION TO REFUSE
TO PROVIDE REASONABLE ACCOMMODATIONS TO THE KNOWN DISABILITIES OF AN
EMPLOYEE, PROSPECTIVE EMPLOYEE OR MEMBER IN CONNECTION WITH A JOB OR
OCCUPATION SOUGHT OR HELD OR PARTICIPATION IN A TRAINING PROGRAM.
(B) NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE CONSTRUED TO
REQUIRE PROVISION OF ACCOMMODATIONS WHICH CAN BE DEMONSTRATED TO IMPOSE
AN UNDUE HARDSHIP ON THE OPERATION OF AN EMPLOYER'S, LICENSING AGENCY'S,
EMPLOYMENT AGENCY'S OR LABOR ORGANIZATION'S BUSINESS, PROGRAM OR ENTER-
PRISE.
IN MAKING SUCH A DEMONSTRATION WITH REGARD TO UNDUE HARDSHIP THE
FACTORS TO BE CONSIDERED INCLUDE:
(I) THE OVERALL SIZE OF THE BUSINESS, PROGRAM OR ENTERPRISE WITH
RESPECT TO THE NUMBER OF EMPLOYEES, NUMBER AND TYPE OF FACILITIES, AND
SIZE OF BUDGET;
(II) THE TYPE OF OPERATION WHICH THE BUSINESS, PROGRAM OR ENTERPRISE
IS ENGAGED IN, INCLUDING THE COMPOSITION AND STRUCTURE OF THE WORKFORCE;
AND
(III) THE NATURE AND COST OF THE ACCOMMODATION NEEDED.
3-A. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE:
(A) FOR AN EMPLOYER OR LICENSING AGENCY TO REFUSE TO HIRE OR EMPLOY OR
LICENSE OR TO BAR OR TO TERMINATE FROM EMPLOYMENT AN INDIVIDUAL EIGHTEEN
YEARS OF AGE OR OLDER, OR TO DISCRIMINATE AGAINST SUCH INDIVIDUAL IN
PROMOTION, COMPENSATION OR IN TERMS, CONDITIONS, OR PRIVILEGES OF
EMPLOYMENT, BECAUSE OF SUCH INDIVIDUAL'S AGE.
(B) FOR ANY EMPLOYER, LICENSING AGENCY OR EMPLOYMENT AGENCY TO PRINT
OR CIRCULATE OR CAUSE TO BE PRINTED OR CIRCULATED ANY STATEMENT, ADVER-
TISEMENT OR PUBLICATION, OR TO USE ANY FORM OF APPLICATION FOR EMPLOY-
MENT OR TO MAKE ANY INQUIRY IN CONNECTION WITH PROSPECTIVE EMPLOYMENT,
WHICH EXPRESSES, DIRECTLY OR INDIRECTLY, ANY LIMITATION, SPECIFICATION
OR DISCRIMINATION ON ACCOUNT OF AGE RESPECTING INDIVIDUALS EIGHTEEN
A. 6539 6
YEARS OF AGE OR OLDER, OR ANY INTENT TO MAKE ANY SUCH LIMITATION, SPEC-
IFICATION, OR DISCRIMINATION.
(C) FOR ANY EMPLOYER, LICENSING AGENCY OR EMPLOYMENT AGENCY TO
DISCHARGE 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.
(D) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO EMPLOYEE SHALL BE
SUBJECT TO TERMINATION OR RETIREMENT FROM EMPLOYMENT ON THE BASIS OF
AGE, EXCEPT WHERE AGE IS A BONA FIDE OCCUPATIONAL QUALIFICATION REASON-
ABLY NECESSARY TO THE NORMAL OPERATION OF A PARTICULAR BUSINESS, WHERE
THE DIFFERENTIATION IS BASED ON REASONABLE FACTORS OTHER THAN AGE, OR AS
OTHERWISE SPECIFIED IN PARAGRAPHS (E) AND (F) OF THIS SUBDIVISION OR IN
ARTICLE FOURTEEN-A OF THE RETIREMENT AND SOCIAL SECURITY LAW.
(E) NOTHING CONTAINED IN THIS SUBDIVISION OR IN SUBDIVISION ONE OF
THIS SECTION SHALL BE CONSTRUED TO PREVENT THE COMPULSORY RETIREMENT OF
ANY EMPLOYEE WHO HAS ATTAINED SIXTY-FIVE YEARS OF AGE, AND WHO, FOR A
TWO-YEAR PERIOD IMMEDIATELY BEFORE RETIREMENT, IS EMPLOYED IN A BONA
FIDE EXECUTIVE OR A HIGH POLICYMAKING POSITION, IF SUCH EMPLOYEE IS
ENTITLED TO AN IMMEDIATE NONFORFEITABLE ANNUAL RETIREMENT BENEFIT FROM A
PENSION, PROFIT-SHARING, SAVINGS, OR DEFERRED COMPENSATION PLAN, OR ANY
COMBINATION OF SUCH PLANS, OF THE EMPLOYER OF SUCH EMPLOYEE, WHICH
EQUALS, IN THE AGGREGATE, AT LEAST FORTY-FOUR THOUSAND DOLLARS; PROVIDED
THAT FOR THE PURPOSES OF THIS PARAGRAPH ONLY, THE TERM "EMPLOYER"
INCLUDES ANY EMPLOYER AS OTHERWISE DEFINED IN THIS ARTICLE BUT DOES NOT
INCLUDE (I) THE STATE OF NEW YORK, (II) A COUNTY, CITY, TOWN, VILLAGE OR
ANY OTHER POLITICAL SUBDIVISION OR CIVIL DIVISION OF THE STATE, (III) A
SCHOOL DISTRICT OR ANY OTHER GOVERNMENTAL ENTITY OPERATING A PUBLIC
SCHOOL, COLLEGE OR UNIVERSITY, (IV) A PUBLIC IMPROVEMENT OR SPECIAL
DISTRICT, (V) A PUBLIC AUTHORITY, COMMISSION OR PUBLIC BENEFIT CORPO-
RATION, OR (VI) ANY OTHER PUBLIC CORPORATION, AGENCY, INSTRUMENTALITY OR
UNIT OF GOVERNMENT WHICH EXERCISES GOVERNMENTAL POWER UNDER THE LAWS OF
THE STATE. IN APPLYING THE RETIREMENT BENEFIT TEST OF THIS PARAGRAPH, IF
ANY SUCH RETIREMENT BENEFIT IS IN A FORM OTHER THAN A STRAIGHT LIFE
ANNUITY WITH NO ANCILLARY BENEFITS, OR IF EMPLOYEES CONTRIBUTE TO ANY
SUCH PLAN OR MAKE ROLLOVER CONTRIBUTIONS, SUCH BENEFIT SHALL BE ADJUSTED
IN ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED BY THE DIVISION,
AFTER AN OPPORTUNITY FOR PUBLIC HEARING, SO THAT THE BENEFIT IS THE
EQUIVALENT OF A STRAIGHT LIFE ANNUITY WITH NO ANCILLARY BENEFITS UNDER A
PLAN TO WHICH EMPLOYEES DO NOT CONTRIBUTE AND UNDER WHICH NO ROLLOVER
CONTRIBUTIONS ARE MADE.
(F) NOTHING CONTAINED IN THIS SUBDIVISION, IN SUBDIVISION ONE OF THIS
SECTION OR IN ARTICLE FOURTEEN-A OF THE RETIREMENT AND SOCIAL SECURITY
LAW SHALL BE CONSTRUED TO PREVENT THE COMPULSORY RETIREMENT OF ANY
EMPLOYEE WHO HAS ATTAINED SEVENTY YEARS OF AGE AND IS SERVING UNDER A
CONTRACT FOR UNLIMITED TENURE, OR A SIMILAR ARRANGEMENT PROVIDING FOR
UNLIMITED TENURE, AT A NONPUBLIC INSTITUTION OF HIGHER EDUCATION. FOR
PURPOSES OF SUCH SUBDIVISIONS OR ARTICLE, THE TERM "INSTITUTION OF HIGH-
ER EDUCATION" MEANS AN EDUCATIONAL INSTITUTION WHICH (I) ADMITS AS REGU-
LAR STUDENTS ONLY PERSONS HAVING A CERTIFICATE OF GRADUATION FROM A
SCHOOL PROVIDING SECONDARY EDUCATION, OR THE RECOGNIZED EQUIVALENT OF
SUCH A CERTIFICATE, (II) IS LAWFULLY AUTHORIZED TO PROVIDE A PROGRAM OF
EDUCATION BEYOND SECONDARY EDUCATION, AND (III) PROVIDES AN EDUCATIONAL
PROGRAM FOR WHICH IT AWARDS A BACHELOR'S DEGREE OR PROVIDES NOT LESS
THAN A TWO-YEAR PROGRAM WHICH IS ACCEPTABLE FOR FULL CREDIT TOWARD SUCH
A DEGREE.
A. 6539 7
(G) IN THE EVENT OF A CONFLICT BETWEEN THE PROVISIONS OF THIS SUBDIVI-
SION AND THE PROVISIONS OF ARTICLE FOURTEEN-A OF THE RETIREMENT AND
SOCIAL SECURITY LAW, THE PROVISIONS OF ARTICLE FOURTEEN-A OF SUCH LAW
SHALL BE CONTROLLING.
BUT NOTHING CONTAINED IN THIS SUBDIVISION, IN SUBDIVISION ONE OF THIS
SECTION OR IN ARTICLE FOURTEEN-A OF THE RETIREMENT AND SOCIAL SECURITY
LAW SHALL BE CONSTRUED TO PREVENT THE TERMINATION OF THE EMPLOYMENT OF
ANY PERSON WHO, EVEN UPON THE PROVISION OF REASONABLE ACCOMMODATIONS, IS
PHYSICALLY UNABLE TO PERFORM HIS OR HER DUTIES OR TO AFFECT THE RETIRE-
MENT POLICY OR SYSTEM OF ANY EMPLOYER WHERE SUCH POLICY OR SYSTEM IS NOT
MERELY A SUBTERFUGE TO EVADE THE PURPOSES OF SAID SUBDIVISIONS OR SAID
ARTICLE; NOR SHALL ANYTHING IN SUCH SUBDIVISIONS OR SUCH ARTICLE BE
DEEMED TO PRECLUDE THE VARYING OF INSURANCE COVERAGES ACCORDING TO AN
EMPLOYEE'S AGE.
THE PROVISIONS OF THIS SUBDIVISION SHALL NOT AFFECT ANY RESTRICTION
UPON THE ACTIVITIES OF PERSONS LICENSED BY THE STATE LIQUOR AUTHORITY
WITH RESPECT TO PERSONS UNDER TWENTY-ONE YEARS OF AGE.
3-B. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY REAL
ESTATE BROKER, REAL ESTATE SALESPERSON OR EMPLOYEE OR AGENT THEREOF OR
ANY OTHER INDIVIDUAL, CORPORATION, PARTNERSHIP OR ORGANIZATION FOR THE
PURPOSE OF INDUCING A REAL ESTATE TRANSACTION FROM WHICH ANY SUCH PERSON
OR ANY OF ITS STOCKHOLDERS OR MEMBERS MAY BENEFIT FINANCIALLY, TO REPRE-
SENT THAT A CHANGE HAS OCCURRED OR WILL OR MAY OCCUR IN THE COMPOSITION
WITH RESPECT TO RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION,
MILITARY STATUS, VETERAN STATUS, SEX, DISABILITY, MARITAL STATUS, OR
FAMILIAL STATUS OF THE OWNERS OR OCCUPANTS IN THE BLOCK, NEIGHBORHOOD OR
AREA IN WHICH THE REAL PROPERTY IS LOCATED, AND TO REPRESENT, DIRECTLY
OR INDIRECTLY, THAT THIS CHANGE WILL OR MAY RESULT IN UNDESIRABLE CONSE-
QUENCES IN THE BLOCK, NEIGHBORHOOD OR AREA IN WHICH THE REAL PROPERTY IS
LOCATED, INCLUDING BUT NOT LIMITED TO THE LOWERING OF PROPERTY VALUES,
AN INCREASE IN CRIMINAL OR ANTI-SOCIAL BEHAVIOR, OR A DECLINE IN THE
QUALITY OF SCHOOLS OR OTHER FACILITIES.
4. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EDUCATION
CORPORATION OR ASSOCIATION WHICH HOLDS ITSELF OUT TO THE PUBLIC TO BE
NON-SECTARIAN AND EXEMPT FROM TAXATION PURSUANT TO THE PROVISIONS OF
ARTICLE FOUR OF THE REAL PROPERTY TAX LAW TO DENY THE USE OF ITS FACILI-
TIES TO ANY PERSON OTHERWISE QUALIFIED, OR TO PERMIT THE HARASSMENT OF
ANY STUDENT OR APPLICANT, BY REASON OF HIS RACE, COLOR, RELIGION, DISA-
BILITY, NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY STATUS, VETERAN
STATUS, SEX, AGE OR MARITAL STATUS, EXCEPT THAT ANY SUCH INSTITUTION
WHICH ESTABLISHES OR MAINTAINS A POLICY OF EDUCATING PERSONS OF ONE SEX
EXCLUSIVELY MAY ADMIT STUDENTS OF ONLY ONE SEX.
5. (A) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR THE OWNER,
LESSEE, SUB-LESSEE, ASSIGNEE, OR MANAGING AGENT OF, OR OTHER PERSON
HAVING THE RIGHT TO SELL, RENT OR LEASE A HOUSING ACCOMMODATION,
CONSTRUCTED OR TO BE CONSTRUCTED, OR ANY AGENT OR EMPLOYEE THEREOF:
(1) TO REFUSE TO SELL, RENT, LEASE OR OTHERWISE TO DENY TO OR WITHHOLD
FROM ANY PERSON OR GROUP OF PERSONS SUCH A HOUSING ACCOMMODATION BECAUSE
OF THE RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY
STATUS, VETERAN STATUS, SEX, AGE, DISABILITY, MARITAL STATUS, OR FAMI-
LIAL STATUS OF SUCH PERSON OR PERSONS, OR TO REPRESENT THAT ANY HOUSING
ACCOMMODATION OR LAND IS NOT AVAILABLE FOR INSPECTION, SALE, RENTAL OR
LEASE WHEN IN FACT IT IS SO AVAILABLE.
(2) TO DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACE, CREED, COLOR,
NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY STATUS, VETERAN STATUS,
SEX, AGE, DISABILITY, MARITAL STATUS, OR FAMILIAL STATUS IN THE TERMS,
A. 6539 8
CONDITIONS OR PRIVILEGES OF THE SALE, RENTAL OR LEASE OF ANY SUCH HOUS-
ING ACCOMMODATION OR IN THE FURNISHING OF FACILITIES OR SERVICES IN
CONNECTION THEREWITH.
(3) 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 THE PURCHASE, RENTAL OR LEASE OF SUCH HOUSING ACCOMMODATION OR
TO MAKE ANY RECORD OR INQUIRY IN CONNECTION WITH THE PROSPECTIVE
PURCHASE, RENTAL OR LEASE OF SUCH A HOUSING ACCOMMODATION WHICH
EXPRESSES, DIRECTLY OR INDIRECTLY, ANY LIMITATION, SPECIFICATION OR
DISCRIMINATION AS TO RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIEN-
TATION, MILITARY STATUS, VETERAN STATUS, SEX, AGE, DISABILITY, MARITAL
STATUS, OR FAMILIAL STATUS, OR ANY INTENT TO MAKE ANY SUCH LIMITATION,
SPECIFICATION OR DISCRIMINATION.
THE PROVISIONS OF THIS PARAGRAPH (A) SHALL NOT APPLY (1) TO THE RENTAL
OF A HOUSING ACCOMMODATION IN A BUILDING WHICH CONTAINS HOUSING ACCOMMO-
DATIONS FOR NOT MORE THAN TWO FAMILIES LIVING INDEPENDENTLY OF EACH
OTHER, IF THE OWNER RESIDES IN ONE OF SUCH HOUSING ACCOMMODATIONS, (2)
TO THE RESTRICTION OF THE RENTAL OF ALL ROOMS IN A HOUSING ACCOMMODATION
TO INDIVIDUALS OF THE SAME SEX OR (3) TO THE RENTAL OF A ROOM OR ROOMS
IN A HOUSING ACCOMMODATION, IF SUCH RENTAL IS BY THE OCCUPANT OF THE
HOUSING ACCOMMODATION OR BY THE OWNER OF THE HOUSING ACCOMMODATION AND
THE OWNER RESIDES IN SUCH HOUSING ACCOMMODATION OR (4) SOLELY WITH
RESPECT TO AGE AND FAMILIAL STATUS TO THE RESTRICTION OF THE SALE,
RENTAL OR LEASE OF HOUSING ACCOMMODATIONS EXCLUSIVELY TO PERSONS SIXTY-
TWO YEARS OF AGE OR OLDER AND THE SPOUSE OF ANY SUCH PERSON, OR FOR
HOUSING INTENDED AND OPERATED FOR OCCUPANCY BY AT LEAST ONE PERSON
FIFTY-FIVE YEARS OF AGE OR OLDER PER UNIT. IN DETERMINING WHETHER HOUS-
ING IS INTENDED AND OPERATED FOR OCCUPANCY BY PERSONS FIFTY-FIVE YEARS
OF AGE OR OLDER, SEC. 807(B) (2) (C) (42 U.S.C. 3607 (B) (2) (C)) OF THE
FEDERAL FAIR HOUSING ACT OF 1988, AS AMENDED, SHALL APPLY.
(B) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR THE OWNER,
LESSEE, SUB-LESSEE, OR MANAGING AGENT OF, OR OTHER PERSON HAVING THE
RIGHT OF OWNERSHIP OR POSSESSION OF OR THE RIGHT TO SELL, RENT OR LEASE,
LAND OR COMMERCIAL SPACE:
(1) TO REFUSE TO SELL, RENT, LEASE OR OTHERWISE DENY TO OR WITHHOLD
FROM ANY PERSON OR GROUP OF PERSONS LAND OR COMMERCIAL SPACE BECAUSE OF
THE RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY
STATUS, VETERAN STATUS, SEX, AGE, DISABILITY, MARITAL STATUS, OR FAMI-
LIAL STATUS OF SUCH PERSON OR PERSONS, OR TO REPRESENT THAT ANY HOUSING
ACCOMMODATION OR LAND IS NOT AVAILABLE FOR INSPECTION, SALE, RENTAL OR
LEASE WHEN IN FACT IT IS SO AVAILABLE;
(2) TO DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACE, CREED, COLOR,
NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY STATUS, VETERAN STATUS,
SEX, AGE, DISABILITY, MARITAL STATUS, OR FAMILIAL STATUS IN THE TERMS,
CONDITIONS OR PRIVILEGES OF THE SALE, RENTAL OR LEASE OF ANY SUCH LAND
OR COMMERCIAL SPACE; OR IN THE FURNISHING OF FACILITIES OR SERVICES IN
CONNECTION THEREWITH;
(3) 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 THE PURCHASE, RENTAL OR LEASE OF SUCH LAND OR COMMERCIAL SPACE
OR TO MAKE ANY RECORD OR INQUIRY IN CONNECTION WITH THE PROSPECTIVE
PURCHASE, RENTAL OR LEASE OF SUCH LAND OR COMMERCIAL SPACE WHICH
EXPRESSES, DIRECTLY OR INDIRECTLY, ANY LIMITATION, SPECIFICATION OR
DISCRIMINATION AS TO RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIEN-
TATION, MILITARY STATUS, VETERAN STATUS, SEX, AGE, DISABILITY, MARITAL
A. 6539 9
STATUS, OR FAMILIAL STATUS; OR ANY INTENT TO MAKE ANY SUCH LIMITATION,
SPECIFICATION OR DISCRIMINATION.
(4) WITH RESPECT TO AGE AND FAMILIAL STATUS, THE PROVISIONS OF THIS
PARAGRAPH SHALL NOT APPLY TO THE RESTRICTION OF THE SALE, RENTAL OR
LEASE OF LAND OR COMMERCIAL SPACE EXCLUSIVELY TO PERSONS FIFTY-FIVE
YEARS OF AGE OR OLDER AND THE SPOUSE OF ANY SUCH PERSON, OR TO THE
RESTRICTION OF THE SALE, RENTAL OR LEASE OF LAND TO BE USED FOR THE
CONSTRUCTION, OR LOCATION OF HOUSING ACCOMMODATIONS EXCLUSIVELY FOR
PERSONS SIXTY-TWO YEARS OF AGE OR OLDER, OR INTENDED AND OPERATED FOR
OCCUPANCY BY AT LEAST ONE PERSON FIFTY-FIVE YEARS OF AGE OR OLDER PER
UNIT. IN DETERMINING WHETHER HOUSING IS INTENDED AND OPERATED FOR OCCU-
PANCY BY PERSONS FIFTY-FIVE YEARS OF AGE OR OLDER, SEC. 807(B) (2) (C)
(42 U.S.C. 3607(B) (2) (C)) OF THE FEDERAL FAIR HOUSING ACT OF 1988, AS
AMENDED, SHALL APPLY.
(C) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY REAL
ESTATE BROKER, REAL ESTATE SALESPERSON OR EMPLOYEE OR AGENT THEREOF:
(1) TO REFUSE TO SELL, RENT OR LEASE ANY HOUSING ACCOMMODATION, LAND
OR COMMERCIAL SPACE TO ANY PERSON OR GROUP OF PERSONS OR TO REFUSE TO
NEGOTIATE FOR THE SALE, RENTAL OR LEASE, OF ANY HOUSING ACCOMMODATION,
LAND OR COMMERCIAL SPACE TO ANY PERSON OR GROUP OF PERSONS BECAUSE OF
THE RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY
STATUS, VETERAN STATUS, SEX, AGE, DISABILITY, MARITAL STATUS, OR FAMI-
LIAL STATUS OF SUCH PERSON OR PERSONS, OR TO REPRESENT THAT ANY HOUSING
ACCOMMODATION, LAND OR COMMERCIAL SPACE IS NOT AVAILABLE FOR INSPECTION,
SALE, RENTAL OR LEASE WHEN IN FACT IT IS SO AVAILABLE, OR OTHERWISE TO
DENY OR WITHHOLD ANY HOUSING ACCOMMODATION, LAND OR COMMERCIAL SPACE OR
ANY FACILITIES OF ANY HOUSING ACCOMMODATION, LAND OR COMMERCIAL SPACE
FROM ANY PERSON OR GROUP OF PERSONS BECAUSE OF THE RACE, CREED, COLOR,
NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY STATUS, VETERAN STATUS,
SEX, AGE, DISABILITY, MARITAL STATUS, OR FAMILIAL STATUS OF SUCH PERSON
OR PERSONS.
(2) 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 THE PURCHASE, RENTAL OR LEASE OF ANY HOUSING ACCOMMODATION,
LAND OR COMMERCIAL SPACE OR TO MAKE ANY RECORD OR INQUIRY IN CONNECTION
WITH THE PROSPECTIVE PURCHASE, RENTAL OR LEASE OF ANY HOUSING ACCOMMO-
DATION, LAND OR COMMERCIAL SPACE WHICH EXPRESSES, DIRECTLY OR INDIRECT-
LY, ANY LIMITATION, SPECIFICATION, OR DISCRIMINATION AS TO RACE, CREED,
COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY STATUS, VETERAN
STATUS, SEX, AGE, DISABILITY, MARITAL STATUS, OR FAMILIAL STATUS; OR ANY
INTENT TO MAKE ANY SUCH LIMITATION, SPECIFICATION OR DISCRIMINATION.
(3) WITH RESPECT TO AGE AND FAMILIAL STATUS, THE PROVISIONS OF THIS
PARAGRAPH SHALL NOT APPLY TO THE RESTRICTION OF THE SALE, RENTAL OR
LEASE OF ANY LAND OR COMMERCIAL SPACE EXCLUSIVELY TO PERSONS FIFTY-FIVE
YEARS OF AGE OR OLDER AND THE SPOUSE OF ANY SUCH PERSON, OR TO THE
RESTRICTION OF THE SALE, RENTAL OR LEASE OF ANY HOUSING ACCOMMODATION OR
LAND TO BE USED FOR THE CONSTRUCTION OR LOCATION OF HOUSING ACCOMMO-
DATIONS FOR PERSONS SIXTY-TWO YEARS OF AGE OR OLDER, OR INTENDED AND
OPERATED FOR OCCUPANCY BY AT LEAST ONE PERSON FIFTY-FIVE YEARS OF AGE OR
OLDER PER UNIT. IN DETERMINING WHETHER HOUSING IS INTENDED AND OPERATED
FOR OCCUPANCY BY PERSONS FIFTY-FIVE YEARS OF AGE OR OLDER, SEC. 807 (B)
(2) (C) (42 U.S.C. 3607 (B) (2) (C)) OF THE FEDERAL FAIR HOUSING ACT OF
1988, AS AMENDED, SHALL APPLY.
(D) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY REAL
ESTATE BOARD, BECAUSE OF THE RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL
ORIENTATION, MILITARY STATUS, AGE, VETERAN STATUS, SEX, DISABILITY,
A. 6539 10
MARITAL STATUS, OR FAMILIAL STATUS OF ANY INDIVIDUAL WHO IS OTHERWISE
QUALIFIED FOR MEMBERSHIP, TO EXCLUDE OR EXPEL SUCH INDIVIDUAL FROM
MEMBERSHIP, OR TO DISCRIMINATE AGAINST SUCH INDIVIDUAL IN THE TERMS,
CONDITIONS AND PRIVILEGES OF MEMBERSHIP IN SUCH BOARD.
(E) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR THE OWNER,
PROPRIETOR OR MANAGING AGENT OF, OR OTHER PERSON HAVING THE RIGHT TO
PROVIDE CARE AND SERVICES IN, A PRIVATE PROPRIETARY NURSING HOME, CONVA-
LESCENT HOME, OR HOME FOR ADULTS, OR AN INTERMEDIATE CARE FACILITY, AS
DEFINED IN SECTION TWO OF THE SOCIAL SERVICES LAW, HERETOFORE
CONSTRUCTED, OR TO BE CONSTRUCTED, OR ANY AGENT OR EMPLOYEE THEREOF, TO
REFUSE TO PROVIDE SERVICES AND CARE IN SUCH HOME OR FACILITY TO ANY
INDIVIDUAL OR TO DISCRIMINATE AGAINST ANY INDIVIDUAL IN THE TERMS,
CONDITIONS, AND PRIVILEGES OF SUCH SERVICES AND CARE SOLELY BECAUSE SUCH
INDIVIDUAL IS A BLIND PERSON. FOR PURPOSES OF THIS PARAGRAPH, A "BLIND
PERSON" SHALL MEAN A PERSON WHO IS REGISTERED AS A BLIND PERSON WITH THE
COMMISSION FOR THE VISUALLY HANDICAPPED AND WHO MEETS THE DEFINITION OF
A "BLIND PERSON" PURSUANT TO SECTION THREE OF CHAPTER FOUR HUNDRED
FIFTEEN OF THE LAWS OF NINETEEN HUNDRED THIRTEEN ENTITLED "AN ACT TO
ESTABLISH A STATE COMMISSION FOR IMPROVING THE CONDITION OF THE BLIND OF
THE STATE OF NEW YORK, AND MAKING AN APPROPRIATION THEREFOR".
(F) THE PROVISIONS OF THIS SUBDIVISION, AS THEY RELATE TO AGE, SHALL
NOT APPLY TO PERSONS UNDER THE AGE OF EIGHTEEN YEARS.
(G) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY PERSON
OFFERING OR PROVIDING HOUSING ACCOMMODATIONS, LAND OR COMMERCIAL SPACE
AS DESCRIBED IN PARAGRAPHS (A), (B), AND (C) OF THIS SUBDIVISION TO MAKE
OR CAUSE TO BE MADE ANY WRITTEN OR ORAL INQUIRY OR RECORD CONCERNING
MEMBERSHIP OF ANY PERSON IN THE STATE ORGANIZED MILITIA IN RELATION TO
THE PURCHASE, RENTAL OR LEASE OF SUCH HOUSING ACCOMMODATION, LAND, OR
COMMERCIAL SPACE, PROVIDED, HOWEVER, THAT NOTHING IN THIS SUBDIVISION
SHALL PROHIBIT A MEMBER OF THE STATE ORGANIZED MILITIA FROM VOLUNTARILY
DISCLOSING SUCH MEMBERSHIP.
6. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY PERSON TO
AID, ABET, INCITE, COMPEL OR COERCE THE DOING OF ANY OF THE ACTS FORBID-
DEN UNDER THIS ARTICLE, OR TO ATTEMPT TO DO SO.
7. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY PERSON
ENGAGED IN ANY ACTIVITY TO WHICH THIS SECTION APPLIES TO RETALIATE OR
DISCRIMINATE AGAINST ANY PERSON BECAUSE HE OR SHE HAS OPPOSED ANY PRAC-
TICES FORBIDDEN UNDER THIS ARTICLE OR BECAUSE HE OR SHE HAS FILED A
COMPLAINT, TESTIFIED OR ASSISTED IN ANY PROCEEDING UNDER THIS ARTICLE.
8. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY PARTY TO A
CONCILIATION AGREEMENT MADE PURSUANT TO SECTION TWO HUNDRED NINETY-SEVEN
OF THIS ARTICLE TO VIOLATE THE TERMS OF SUCH AGREEMENT.
9. (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, VETERAN STATUS,
SEX OR MARITAL STATUS OF SUCH INDIVIDUAL.
(B) UPON A COMPLAINT TO THE DIVISION, AS PROVIDED FOR UNDER SUBDIVI-
SION ONE OF SECTION TWO HUNDRED NINETY-SEVEN OF THIS ARTICLE, AND IN THE
EVENT THE COMMISSIONER FINDS THAT AN UNLAWFUL DISCRIMINATORY PRACTICE
A. 6539 11
HAS BEEN ENGAGED IN, THE BOARD OF FIRE COMMISSIONERS OR OTHER BODY OR
OFFICE HAVING POWER OF APPOINTMENT OF VOLUNTEER FIREFIGHTERS SHALL BE
SERVED WITH ANY ORDER REQUIRED, UNDER SUBDIVISION FOUR OF SECTION TWO
HUNDRED NINETY-SEVEN OF THIS ARTICLE, TO BE SERVED ON ANY OR ALL
RESPONDENTS REQUIRING SUCH RESPONDENT OR RESPONDENTS TO CEASE AND DESIST
FROM SUCH UNLAWFUL DISCRIMINATORY PRACTICE AND TO TAKE AFFIRMATIVE
ACTION. SUCH BOARD SHALL HAVE THE DUTY AND POWER TO APPOINT AS A VOLUN-
TEER FIREFIGHTER, NOTWITHSTANDING ANY OTHER STATUTE OR PROVISION OF LAW
OR BY-LAW OF ANY VOLUNTEER FIRE COMPANY, ANY INDIVIDUAL WHOM THE COMMIS-
SIONER HAS DETERMINED TO BE THE SUBJECT OF AN UNLAWFUL DISCRIMINATORY
PRACTICE UNDER THIS SUBDIVISION. UNLESS SUCH BOARD HAS BEEN FOUND TO
HAVE ENGAGED IN AN UNLAWFUL DISCRIMINATORY PRACTICE, SERVICE UPON SUCH
BOARD OF SUCH ORDER SHALL NOT CONSTITUTE SUCH BOARD OR ITS MEMBERS AS A
RESPONDENT NOR CONSTITUTE A FINDING OF AN UNLAWFUL DISCRIMINATORY PRAC-
TICE AGAINST SUCH BOARD OR ITS MEMBERS.
10. (A) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY
EMPLOYER, OR AN EMPLOYEE OR AGENT THEREOF, TO IMPOSE UPON A PERSON AS A
CONDITION OF OBTAINING OR RETAINING EMPLOYMENT, INCLUDING OPPORTUNITIES
FOR PROMOTION, ADVANCEMENT OR TRANSFERS, ANY TERMS OR CONDITIONS THAT
WOULD REQUIRE SUCH PERSON TO VIOLATE OR FOREGO A SINCERELY HELD PRACTICE
OF HIS OR HER RELIGION, INCLUDING BUT NOT LIMITED TO THE OBSERVANCE OF
ANY PARTICULAR DAY OR DAYS OR ANY PORTION THEREOF AS A SABBATH OR OTHER
HOLY DAY IN ACCORDANCE WITH THE REQUIREMENTS OF HIS OR HER RELIGION,
UNLESS, AFTER ENGAGING IN A BONA FIDE EFFORT, THE EMPLOYER DEMONSTRATES
THAT IT IS UNABLE TO REASONABLY ACCOMMODATE THE EMPLOYEE'S OR PROSPEC-
TIVE EMPLOYEE'S SINCERELY HELD RELIGIOUS OBSERVANCE OR PRACTICE WITHOUT
UNDUE HARDSHIP ON THE CONDUCT OF THE EMPLOYER'S BUSINESS. NOTWITHSTAND-
ING ANY OTHER PROVISION OF LAW TO THE CONTRARY, AN EMPLOYEE SHALL NOT BE
ENTITLED TO PREMIUM WAGES OR PREMIUM BENEFITS FOR WORK PERFORMED DURING
HOURS TO WHICH SUCH PREMIUM WAGES OR PREMIUM BENEFITS WOULD ORDINARILY
BE APPLICABLE, IF THE EMPLOYEE IS WORKING DURING SUCH HOURS ONLY AS AN
ACCOMMODATION TO HIS OR HER SINCERELY HELD RELIGIOUS REQUIREMENTS. NOTH-
ING IN THIS PARAGRAPH OR PARAGRAPH (B) OF THIS SUBDIVISION SHALL ALTER
OR ABRIDGE THE RIGHTS GRANTED TO AN EMPLOYEE CONCERNING THE PAYMENT OF
WAGES OR PRIVILEGES OF SENIORITY ACCRUING TO THAT EMPLOYEE.
(B) EXCEPT WHERE IT WOULD CAUSE AN EMPLOYER TO INCUR AN UNDUE HARD-
SHIP, NO PERSON SHALL BE REQUIRED TO REMAIN AT HIS OR HER PLACE OF
EMPLOYMENT DURING ANY DAY OR DAYS OR PORTION THEREOF THAT, AS A REQUIRE-
MENT OF HIS OR HER RELIGION, HE OR SHE OBSERVES AS HIS OR HER SABBATH OR
OTHER HOLY DAY, INCLUDING A REASONABLE TIME PRIOR AND SUBSEQUENT THERETO
FOR TRAVEL BETWEEN HIS OR HER PLACE OF EMPLOYMENT AND HIS OR HER HOME,
PROVIDED HOWEVER, THAT ANY SUCH ABSENCE FROM WORK SHALL, WHEREVER PRAC-
TICABLE IN THE REASONABLE JUDGMENT OF THE EMPLOYER, BE MADE UP BY AN
EQUIVALENT AMOUNT OF TIME AND WORK AT SOME OTHER MUTUALLY CONVENIENT
TIME, OR SHALL BE CHARGED AGAINST ANY LEAVE WITH PAY ORDINARILY GRANTED,
OTHER THAN SICK LEAVE, PROVIDED FURTHER, HOWEVER, THAT ANY SUCH ABSENCE
NOT SO MADE UP OR CHARGED, MAY BE TREATED BY THE EMPLOYER OF SUCH PERSON
AS LEAVE TAKEN WITHOUT PAY.
(C) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER TO
REFUSE TO PERMIT AN EMPLOYEE TO UTILIZE LEAVE, AS PROVIDED IN PARAGRAPH
(B) OF THIS SUBDIVISION, SOLELY BECAUSE THE LEAVE WILL BE USED FOR
ABSENCE FROM WORK TO ACCOMMODATE THE EMPLOYEE'S SINCERELY HELD RELIGIOUS
OBSERVANCE OR PRACTICE.
(D) AS USED IN THIS SUBDIVISION: (1) "UNDUE HARDSHIP" SHALL MEAN AN
ACCOMMODATION REQUIRING SIGNIFICANT EXPENSE OR DIFFICULTY (INCLUDING A
SIGNIFICANT INTERFERENCE WITH THE SAFE OR EFFICIENT OPERATION OF THE
A. 6539 12
WORKPLACE OR A VIOLATION OF A BONA FIDE SENIORITY SYSTEM). FACTORS TO BE
CONSIDERED IN DETERMINING WHETHER THE ACCOMMODATION CONSTITUTES AN UNDUE
ECONOMIC HARDSHIP SHALL INCLUDE, BUT NOT BE LIMITED TO:
(I) THE IDENTIFIABLE COST OF THE ACCOMMODATION, INCLUDING THE COSTS OF
LOSS OF PRODUCTIVITY AND OF RETAINING OR HIRING EMPLOYEES OR TRANS-
FERRING EMPLOYEES FROM ONE FACILITY TO ANOTHER, IN RELATION TO THE SIZE
AND OPERATING COST OF THE EMPLOYER;
(II) THE NUMBER OF INDIVIDUALS WHO WILL NEED THE PARTICULAR ACCOMMO-
DATION TO A SINCERELY HELD RELIGIOUS OBSERVANCE OR PRACTICE; AND
(III) FOR AN EMPLOYER WITH MULTIPLE FACILITIES, THE DEGREE TO WHICH
THE GEOGRAPHIC SEPARATENESS OR ADMINISTRATIVE OR FISCAL RELATIONSHIP OF
THE FACILITIES WILL MAKE THE ACCOMMODATION MORE DIFFICULT OR EXPENSIVE.
PROVIDED, HOWEVER, AN ACCOMMODATION SHALL BE CONSIDERED TO CONSTITUTE
AN UNDUE HARDSHIP IF IT WILL RESULT IN THE INABILITY OF AN EMPLOYEE TO
PERFORM THE ESSENTIAL FUNCTIONS OF THE POSITION IN WHICH HE OR SHE IS
EMPLOYED.
(2) "PREMIUM WAGES" SHALL INCLUDE OVERTIME PAY AND COMPENSATORY TIME
OFF, AND ADDITIONAL REMUNERATION FOR NIGHT, WEEKEND OR HOLIDAY WORK, OR
FOR STANDBY OR IRREGULAR DUTY.
(3) "PREMIUM BENEFIT" SHALL MEAN AN EMPLOYMENT BENEFIT, SUCH AS
SENIORITY, GROUP LIFE INSURANCE, HEALTH INSURANCE, DISABILITY INSURANCE,
SICK LEAVE, ANNUAL LEAVE, OR AN EDUCATIONAL OR PENSION BENEFIT THAT IS
GREATER THAN THE EMPLOYMENT BENEFIT DUE THE EMPLOYEE FOR AN EQUIVALENT
PERIOD OF WORK PERFORMED DURING THE REGULAR WORK SCHEDULE OF THE EMPLOY-
EE.
IN THE CASE OF ANY EMPLOYER OTHER THAN THE STATE, ANY OF ITS POLITICAL
SUBDIVISIONS OR ANY SCHOOL DISTRICT, THIS SUBDIVISION SHALL NOT APPLY
WHERE THE UNIFORM APPLICATION OF TERMS AND CONDITIONS OF ATTENDANCE TO
EMPLOYEES IS ESSENTIAL TO PREVENT UNDUE ECONOMIC HARDSHIP TO THE EMPLOY-
ER. IN ANY PROCEEDING IN WHICH THE APPLICABILITY OF THIS SUBDIVISION IS
IN ISSUE, THE BURDEN OF PROOF SHALL BE UPON THE EMPLOYER. IF ANY QUES-
TION SHALL ARISE WHETHER A PARTICULAR POSITION OR CLASS OF POSITIONS IS
EXCEPTED FROM THIS SUBDIVISION BY THIS PARAGRAPH, SUCH QUESTION MAY BE
REFERRED IN WRITING BY ANY PARTY CLAIMED TO BE AGGRIEVED, IN THE CASE OF
ANY POSITION OF EMPLOYMENT BY THE STATE OR ANY OF ITS POLITICAL SUBDIVI-
SIONS, EXCEPT BY ANY SCHOOL DISTRICT, TO THE CIVIL SERVICE COMMISSION,
IN THE CASE OF ANY POSITION OF EMPLOYMENT BY ANY SCHOOL DISTRICT, TO THE
COMMISSIONER OF EDUCATION, WHO SHALL DETERMINE SUCH QUESTION AND IN THE
CASE OF ANY OTHER EMPLOYER, A PARTY CLAIMING TO BE AGGRIEVED MAY FILE A
COMPLAINT WITH THE DIVISION PURSUANT TO THIS ARTICLE. ANY SUCH DETERMI-
NATION BY THE CIVIL SERVICE COMMISSION SHALL BE REVIEWABLE IN THE MANNER
PROVIDED BY ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES
AND ANY SUCH DETERMINATION BY THE COMMISSIONER OF EDUCATION SHALL BE
REVIEWABLE IN THE MANNER AND TO THE SAME EXTENT AS OTHER DETERMINATIONS
OF THE COMMISSIONER UNDER SECTION THREE HUNDRED TEN OF THE EDUCATION
LAW.
11. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO BAR ANY
RELIGIOUS OR DENOMINATIONAL INSTITUTION OR ORGANIZATION, OR ANY ORGAN-
IZATION OPERATED FOR CHARITABLE OR EDUCATIONAL PURPOSES, WHICH IS OPER-
ATED, SUPERVISED OR CONTROLLED BY OR IN CONNECTION WITH A RELIGIOUS
ORGANIZATION, FROM LIMITING EMPLOYMENT OR SALES OR RENTAL OF HOUSING
ACCOMMODATIONS OR ADMISSION TO OR GIVING PREFERENCE TO PERSONS OF THE
SAME RELIGION OR DENOMINATION OR FROM TAKING SUCH ACTION AS IS CALCU-
LATED BY SUCH ORGANIZATION TO PROMOTE THE RELIGIOUS PRINCIPLES FOR WHICH
IT IS ESTABLISHED OR MAINTAINED.
A. 6539 13
12. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE, ONE-A AND
THREE-A OF THIS SECTION, IT SHALL NOT BE AN UNLAWFUL DISCRIMINATORY
PRACTICE FOR AN EMPLOYER, EMPLOYMENT AGENCY, LABOR ORGANIZATION OR JOINT
LABOR-MANAGEMENT COMMITTEE TO CARRY OUT A PLAN, APPROVED BY THE DIVI-
SION, TO INCREASE THE EMPLOYMENT OF MEMBERS OF A MINORITY GROUP (AS MAY
BE DEFINED PURSUANT TO THE REGULATIONS OF THE DIVISION) WHICH HAS A
STATE-WIDE UNEMPLOYMENT RATE THAT IS DISPROPORTIONATELY HIGH IN COMPAR-
ISON WITH THE STATE-WIDE UNEMPLOYMENT RATE OF THE GENERAL POPULATION.
ANY PLAN APPROVED UNDER THIS SUBDIVISION SHALL BE IN WRITING AND THE
DIVISION'S APPROVAL THEREOF SHALL BE FOR A LIMITED PERIOD AND MAY BE
RESCINDED AT ANY TIME BY THE DIVISION.
13. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE (I) FOR ANY PERSON
TO DISCRIMINATE AGAINST, BOYCOTT OR BLACKLIST, OR TO REFUSE TO BUY FROM,
SELL TO OR TRADE WITH, ANY PERSON, BECAUSE OF THE RACE, CREED, COLOR,
NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY OR VETERAN STATUS OR SEX
OF SUCH PERSON, OR OF SUCH PERSON'S PARTNERS, MEMBERS, STOCKHOLDERS,
DIRECTORS, OFFICERS, MANAGERS, SUPERINTENDENTS, AGENTS, EMPLOYEES, BUSI-
NESS ASSOCIATES, SUPPLIERS OR CUSTOMERS, 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 SUBDIVISION SHALL NOT APPLY TO:
(A) BOYCOTTS CONNECTED WITH LABOR DISPUTES; OR
(B) BOYCOTTS TO PROTEST UNLAWFUL DISCRIMINATORY PRACTICES.
14. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY PERSON
ENGAGED IN ANY ACTIVITY COVERED BY THIS SECTION TO DISCRIMINATE AGAINST
A BLIND PERSON, A HEARING IMPAIRED PERSON WHO HAS A HEARING IMPAIRMENT
MANIFESTED BY A SPEECH DISCRIMINATION SCORE OF FORTY PERCENT OR LESS IN
THE BETTER EAR WITH APPROPRIATE CORRECTION AS CERTIFIED BY A LICENSED
AUDIOLOGIST OR OTOLARYNGOLOGIST AS DEFINED IN SECTION SEVEN HUNDRED
EIGHTY-NINE OF THE GENERAL BUSINESS LAW OR A PHYSICIAN WHO HAS EXAMINED
SUCH PERSON PURSUANT TO THE PROVISIONS OF ARTICLE THIRTY-SEVEN-A OF SUCH
LAW OR A PERSON WITH A DISABILITY ON THE BASIS OF HIS OR HER USE OF A
GUIDE DOG, HEARING DOG OR SERVICE DOG.
15. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY PERSON,
AGENCY, BUREAU, CORPORATION OR ASSOCIATION, INCLUDING THE STATE AND ANY
POLITICAL SUBDIVISION THEREOF, TO DENY ANY LICENSE OR EMPLOYMENT TO ANY
INDIVIDUAL BY REASON OF HIS OR HER HAVING BEEN CONVICTED OF ONE OR MORE
CRIMINAL OFFENSES, OR BY REASON OF A FINDING OF A LACK OF "GOOD MORAL
CHARACTER" WHICH IS BASED UPON HIS OR HER HAVING BEEN CONVICTED OF ONE
OR MORE CRIMINAL OFFENSES, WHEN SUCH DENIAL IS IN VIOLATION OF THE
PROVISIONS OF ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW.
16. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE, UNLESS SPECIF-
ICALLY REQUIRED OR PERMITTED BY STATUTE, FOR ANY PERSON, AGENCY, BUREAU,
CORPORATION OR ASSOCIATION, INCLUDING THE STATE AND ANY POLITICAL SUBDI-
VISION THEREOF, TO MAKE ANY INQUIRY ABOUT, WHETHER IN ANY FORM OF APPLI-
CATION OR OTHERWISE, OR TO ACT UPON ADVERSELY TO THE INDIVIDUAL
INVOLVED, ANY ARREST OR CRIMINAL ACCUSATION OF SUCH INDIVIDUAL NOT THEN
PENDING AGAINST THAT INDIVIDUAL WHICH WAS FOLLOWED BY A TERMINATION OF
THAT CRIMINAL ACTION OR PROCEEDING IN FAVOR OF SUCH INDIVIDUAL, AS
DEFINED IN SUBDIVISION TWO OF SECTION 160.50 OF THE CRIMINAL PROCEDURE
LAW, IN CONNECTION WITH THE LICENSING, EMPLOYMENT OR PROVIDING OF CREDIT
OR INSURANCE TO SUCH INDIVIDUAL; PROVIDED, HOWEVER, THAT THE PROVISIONS
HEREOF SHALL NOT APPLY TO THE LICENSING ACTIVITIES OF GOVERNMENTAL
BODIES IN RELATION TO THE REGULATION OF GUNS, FIREARMS AND OTHER DEADLY
WEAPONS OR IN RELATION TO AN APPLICATION FOR EMPLOYMENT AS A POLICE
OFFICER OR PEACE OFFICER AS THOSE TERMS ARE DEFINED IN SUBDIVISIONS
A. 6539 14
THIRTY-THREE AND THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE
LAW.
17. NOTHING IN THIS SECTION SHALL PROHIBIT THE OFFER AND ACCEPTANCE OF
A DISCOUNT TO A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER FOR HOUSING
ACCOMMODATIONS.
18. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR THE OWNER,
LESSEE, SUB-LESSEE, ASSIGNEE, OR MANAGING AGENT OF, OR OTHER PERSON
HAVING THE RIGHT OF OWNERSHIP OF OR POSSESSION OF OR THE RIGHT TO RENT
OR LEASE HOUSING ACCOMMODATIONS:
(1) TO REFUSE TO PERMIT, AT THE EXPENSE OF A PERSON WITH A DISABILITY,
REASONABLE MODIFICATIONS OF EXISTING PREMISES OCCUPIED OR TO BE OCCUPIED
BY THE SAID PERSON, IF THE MODIFICATIONS MAY BE NECESSARY TO AFFORD THE
SAID PERSON FULL ENJOYMENT OF THE PREMISES, IN CONFORMITY WITH THE
PROVISIONS OF THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING
CODE EXCEPT THAT, IN THE CASE OF A RENTAL, THE LANDLORD MAY, WHERE IT IS
REASONABLE TO DO SO, CONDITION PERMISSION FOR A MODIFICATION ON THE
RENTER'S AGREEING TO RESTORE THE INTERIOR OF THE PREMISES TO THE CONDI-
TION THAT EXISTED BEFORE THE MODIFICATION, REASONABLE WEAR AND TEAR
EXCEPTED;
(2) TO REFUSE TO MAKE REASONABLE ACCOMMODATIONS IN RULES, POLICIES,
PRACTICES, OR SERVICES, WHEN SUCH ACCOMMODATIONS MAY BE NECESSARY TO
AFFORD SAID PERSON WITH A DISABILITY EQUAL OPPORTUNITY TO USE AND ENJOY
A DWELLING; OR
(3) IN CONNECTION WITH THE DESIGN AND CONSTRUCTION OF COVERED
MULTI-FAMILY DWELLINGS FOR FIRST OCCUPANCY AFTER MARCH THIRTEENTH, NINE-
TEEN HUNDRED NINETY-ONE, A FAILURE TO DESIGN AND CONSTRUCT DWELLINGS IN
ACCORDANCE WITH THE ACCESSIBILITY REQUIREMENTS FOR MULTI-FAMILY DWELL-
INGS FOUND IN THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING
CODE TO PROVIDE THAT:
(I) THE PUBLIC USE AND COMMON USE PORTIONS OF THE DWELLINGS ARE READI-
LY ACCESSIBLE TO AND USABLE BY PERSONS WITH DISABILITIES;
(II) ALL THE DOORS ARE DESIGNED IN ACCORDANCE WITH THE NEW YORK STATE
UNIFORM FIRE PREVENTION AND BUILDING CODE TO ALLOW PASSAGE INTO AND
WITHIN ALL PREMISES AND ARE SUFFICIENTLY WIDE TO ALLOW PASSAGE BY
PERSONS IN WHEELCHAIRS; AND
(III) ALL PREMISES WITHIN COVERED MULTI-FAMILY DWELLING UNITS CONTAIN
AN ACCESSIBLE ROUTE INTO AND THROUGH THE DWELLING; LIGHT SWITCHES, ELEC-
TRICAL OUTLETS, THERMOSTATS, AND OTHER ENVIRONMENTAL CONTROLS ARE IN
ACCESSIBLE LOCATIONS; THERE ARE REINFORCEMENTS IN THE BATHROOM WALLS TO
ALLOW LATER INSTALLATION OF GRAB BARS; AND THERE ARE USABLE KITCHENS AND
BATHROOMS SUCH THAT AN INDIVIDUAL IN A WHEELCHAIR CAN MANEUVER ABOUT THE
SPACE, IN CONFORMITY WITH THE NEW YORK STATE UNIFORM FIRE PREVENTION AND
BUILDING CODE.
19. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, IT
SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE OF ANY EMPLOYER, LABOR
ORGANIZATION, EMPLOYMENT AGENCY, LICENSING AGENCY, OR ITS EMPLOYEES,
AGENTS, OR MEMBERS:
(1) TO DIRECTLY OR INDIRECTLY SOLICIT, REQUIRE, OR ADMINISTER A GENET-
IC TEST TO A PERSON, OR SOLICIT OR REQUIRE INFORMATION FROM WHICH A
PREDISPOSING GENETIC CHARACTERISTIC CAN BE INFERRED AS A CONDITION OF
EMPLOYMENT, PREEMPLOYMENT APPLICATION, LABOR ORGANIZATION MEMBERSHIP, OR
LICENSURE; OR
(2) TO BUY OR OTHERWISE ACQUIRE THE RESULTS OR INTERPRETATION OF AN
INDIVIDUAL'S GENETIC TEST RESULTS OR INFORMATION FROM WHICH A PREDISPOS-
ING GENETIC CHARACTERISTIC CAN BE INFERRED OR TO MAKE AN AGREEMENT WITH
A. 6539 15
AN INDIVIDUAL TO TAKE A GENETIC TEST OR PROVIDE GENETIC TEST RESULTS OR
SUCH INFORMATION.
(B) AN EMPLOYER MAY REQUIRE A SPECIFIED GENETIC TEST AS A CONDITION OF
EMPLOYMENT WHERE SUCH A TEST IS SHOWN TO BE DIRECTLY RELATED TO THE
OCCUPATIONAL ENVIRONMENT, SUCH THAT THE EMPLOYEE OR APPLICANT WITH A
PARTICULAR GENETIC ANOMALY MIGHT BE AT AN INCREASED RISK OF DISEASE AS A
RESULT OF WORKING IN SAID ENVIRONMENT.
(C) NOTHING IN THIS SECTION SHALL PROHIBIT THE GENETIC TESTING OF AN
EMPLOYEE WHO REQUESTS A GENETIC TEST AND WHO PROVIDES WRITTEN AND
INFORMED CONSENT TO TAKING A GENETIC TEST FOR ANY OF THE FOLLOWING
PURPOSES:
(1) PURSUANT TO A WORKERS' COMPENSATION CLAIM;
(2) PURSUANT TO CIVIL LITIGATION; OR
(3) TO DETERMINE THE EMPLOYEE'S SUSCEPTIBILITY TO POTENTIALLY CARCINO-
GENIC, TOXIC, OR OTHERWISE HAZARDOUS CHEMICALS OR SUBSTANCES FOUND IN
THE WORKPLACE ENVIRONMENT ONLY IF THE EMPLOYER DOES NOT TERMINATE THE
EMPLOYEE OR TAKE ANY OTHER ACTION THAT ADVERSELY AFFECTS ANY TERM,
CONDITION OR PRIVILEGE OF EMPLOYMENT PURSUANT TO THE GENETIC TEST
RESULTS.
(D) IF AN EMPLOYEE CONSENTS TO GENETIC TESTING FOR ANY OF THE AFORE-
MENTIONED ALLOWABLE REASONS, HE OR SHE MUST BE GIVEN AND SIGN AN AUTHOR-
IZATION OF CONSENT FORM WHICH EXPLICITLY STATES THE SPECIFIC PURPOSE,
USES AND LIMITATIONS OF THE GENETIC TESTS AND THE SPECIFIC TRAITS OR
CHARACTERISTICS TO BE TESTED.
20. NOTHING IN THIS SECTION SHALL PROHIBIT THE OFFER AND ACCEPTANCE OF
A DISCOUNT FOR HOUSING ACCOMMODATIONS TO A PERSON WITH A DISABILITY, AS
DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION TWO HUNDRED NINETY-TWO OF
THIS ARTICLE.
S 3. This act shall take effect immediately.