LBD15252-01-8
A. 10246 2
(C) THE TERM "GENETIC INFORMATION" SHALL NOT INCLUDE INFORMATION ABOUT
THE SEX OR AGE OF ANY INDIVIDUAL.
§ 3. Subdivisions 8 and 9 of section 295 of the executive law, as
amended by chapter 106 of the laws of 2003, are amended to read as
follows:
8. To create such advisory councils, local, regional or state-wide, as
in its judgment will aid in effectuating the purposes of this article
and of section eleven of article one of the constitution of this state,
and the division may empower them to study the problems of discrimi-
nation in all or specific fields of human relationships or in specific
instances of discrimination because of age, race, creed, color, national
origin, sexual orientation, GENETIC INFORMATION, military status, sex,
disability or marital status and make recommendations to the division
for the development of policies and procedures in general and in specif-
ic instances. The advisory councils also shall disseminate information
about the division's activities to organizations and individuals in
their localities. Such advisory councils shall be composed of represen-
tative citizens, serving without pay, but with reimbursement for actual
and necessary traveling expenses; and the division may make provision
for technical and clerical assistance to such councils and for the
expenses of such assistance.
9. To develop human rights plans and policies for the state and assist
in their execution and to make investigations and studies appropriate to
effectuate this article and to issue such publications and such results
of investigations and research as in its judgement will tend to inform
persons of the rights assured and remedies provided under this article,
to promote good-will and minimize or eliminate discrimination because of
age, race, creed, color, national origin, sexual orientation, GENETIC
INFORMATION, military status, sex, disability or marital status.
§ 4. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section 296
of the executive law, as amended by chapter 365 of the laws of 2015, are
amended to read as follows:
(a) For an employer or licensing agency, because of an individual's
age, race, creed, color, national origin, sexual orientation, GENETIC
INFORMATION, military status, sex, disability, predisposing genetic
characteristics, familial status, marital status, or domestic violence
victim status, to refuse to hire or employ or to bar or to discharge
from employment such individual or to discriminate against such individ-
ual 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,
GENETIC INFORMATION, military status, sex, disability, predisposing
genetic characteristics, familial status, or marital status, in receiv-
ing, 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, GENETIC INFORMATION, military
status, sex, disability, predisposing genetic characteristics, familial
status, or marital 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
A. 10246 3
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,
GENETIC INFORMATION, military status, sex, disability, predisposing
genetic characteristics, familial status, or marital 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 orientation, for the purpose of conducting studies to iden-
tify and resolve possible problems in recruitment and testing of members
of minority groups to insure the fairest possible and equal opportu-
nities for employment in the civil service for all persons, regardless
of age, race, creed, color, national origin, sexual orientation, GENETIC
INFORMATION, military status, sex, disability, predisposing genetic
characteristics, familial status, or marital status.
§ 5. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of
the executive law, as amended by chapter 365 of the laws of 2015, are
amended to read as follows:
(b) To deny to or withhold from any person because of race, creed,
color, national origin, sexual orientation, GENETIC INFORMATION, mili-
tary status, sex, age, disability, familial status, or marital 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;
(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, GENETIC INFORMATION, military
status, sex, age, disability, familial status 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, GENETIC INFORMATION, military status, sex, age,
disability, familial status or marital status, or any intention to make
any such limitation, specification or discrimination, unless based on a
bona fide occupational qualification.
§ 6. Paragraph (a) of subdivision 2 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 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,
GENETIC INFORMATION, military 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 privileges thereof, including the extension of credit, or, directly
or indirectly, 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
A. 10246 4
any such place shall be refused, withheld from or denied to any person
on account of race, creed, color, national origin, sexual orientation,
GENETIC INFORMATION, military 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, GENETIC INFORMATION, military status, sex or marital
status, or having a disability is unwelcome, objectionable or not
acceptable, desired or solicited.
§ 7. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
296 of the executive law, paragraphs (a), (b) and (c) as amended and
paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended
to read as follows:
(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, GENETIC INFORMATION, military 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, GENETIC
INFORMATION, military 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, GENETIC INFORMATION, membership in the reserve armed forces of
the United States or in the organized militia of the state, age, 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, GENETIC INFORMATION, military status, sex, age, disability,
marital status, or familial status, or any intent to make any such limi-
tation, specification or discrimination.
§ 8. Subdivision 3-b of section 296 of the executive law, as amended
by chapter 106 of the laws of 2003, is amended to read as follows:
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,
GENETIC INFORMATION, military 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, direct-
A. 10246 5
ly or indirectly, that this change will or may result in undesirable
consequences in the block, neighborhood or area in which the real prop-
erty 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.
§ 9. Subdivision 4 of section 296 of the executive law, as amended by
chapter 106 of the laws of 2003, is amended to read as follows:
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, GENETIC INFORMATION, mili-
tary status, sex, age or marital status, except that any such institu-
tion which establishes or maintains a policy of educating persons of one
sex exclusively may admit students of only one sex.
§ 10. Subdivision 5 of section 296 of the executive law, as amended by
chapter 106 of the laws of 2003, is amended to read as follows:
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, GENETIC
INFORMATION, military status, sex, age, disability, 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.
(2) To discriminate against any person because of race, creed, color,
national origin, sexual orientation, GENETIC INFORMATION, military
status, sex, age, disability, marital status, or familial status in the
terms, conditions or privileges of the sale, rental or lease of any such
housing 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, GENETIC INFORMATION, military status, sex, age, disability,
marital status, or familial status, or any intent to make any such limi-
tation, 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
accommodations 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 accommo-
dation 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,
A. 10246 6
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, GENETIC
INFORMATION, military status, sex, age, disability, 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;
(2) To discriminate against any person because of race, creed, color,
national origin, sexual orientation, GENETIC INFORMATION, military
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, GENETIC INFORMATION, military status, sex, age, disability,
marital status, or familial status; or any intent to make any such limi-
tation, 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, GENETIC
INFORMATION, military status, sex, age, disability, marital status, or
familial status of such person or persons, or to represent that any
housing accommodation, land or commercial space is not available for
A. 10246 7
inspection, sale, rental or lease when in fact it is so available, or
otherwise to deny or withhold any housing accommodation, land or commer-
cial 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, GENETIC INFOR-
MATION, military status, sex, age, disability, marital status, or fami-
lial 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, GENETIC INFORMATION, mili-
tary status, sex, age, disability, marital status, or familial status;
or any intent to make any such limitation, specification or discrimi-
nation.
(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 HOUSING ACCOMMODATION, 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 hous-
ing accommodation or land to be used for the construction or location of
housing accommodations 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, GENETIC INFORMATION, military status, age, sex, disability,
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.
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(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.
§ 11. Paragraph (a) of subdivision 9 of section 296 of the executive
law, as amended by chapter 365 of the laws of 2015, 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, GENETIC INFORMATION, military
status, sex, marital status, or familial status, of such individual.
§ 12. Subdivision 13 of section 296 of the executive law, as amended
by chapter 365 of the laws of 2015, 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, GENETIC INFORMATION,
military status, sex, disability, or familial status, of such person, or
of such person's partners, members, stockholders, directors, officers,
managers, superintendents, agents, employees, business 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.
§ 13. Subdivisions 1, 2 and 3 of section 296-a of the executive law,
as amended by chapter 106 of the laws of 2003, are amended to read as
follows:
1. It shall be an unlawful discriminatory practice for any creditor or
any officer, agent or employee thereof:
a. In the case of applications for credit with respect to the
purchase, acquisition, construction, rehabilitation, repair or mainte-
nance of any housing accommodation, land or commercial space to discrim-
inate against any such applicant because of the race, creed, color,
national origin, sexual orientation, GENETIC INFORMATION, military
status, age, sex, marital status, disability, or familial status of such
applicant or applicants or any member, stockholder, director, officer or
employee of such applicant or applicants, or of the prospective occu-
pants or tenants of such housing accommodation, land or commercial
space, in the granting, withholding, extending or renewing, or in the
fixing of the rates, terms or conditions of, any such credit;
b. To discriminate in the granting, withholding, extending or renew-
ing, or in the fixing of the rates, terms or conditions of, any form of
credit, on the basis of race, creed, color, national origin, sexual
A. 10246 9
orientation, GENETIC INFORMATION, military status, age, sex, marital
status, disability, or familial status;
c. To use any form of application for credit or use or make any record
or inquiry which expresses, directly or indirectly, any limitation,
specification, or discrimination as to race, creed, color, national
origin, sexual orientation, GENETIC INFORMATION, military status, age,
sex, marital status, disability, or familial status;
d. To make any inquiry of an applicant concerning his or her capacity
to reproduce, or his or her use or advocacy of any form of birth control
or family planning;
e. To refuse to consider sources of an applicant's income or to
subject an applicant's income to discounting, in whole or in part,
because of an applicant's race, creed, color, national origin, sexual
orientation, GENETIC INFORMATION, military status, age, sex, marital
status, childbearing potential, disability, or familial status;
f. To discriminate against a married person because such person
neither uses nor is known by the surname of his or her spouse.
This paragraph shall not apply to any situation where the use of a
surname would constitute or result in a criminal act.
2. Without limiting the generality of subdivision one of this section,
it shall be considered discriminatory if, because of an applicant's or
class of applicants' race, creed, color, national origin, sexual orien-
tation, GENETIC INFORMATION, military status, age, sex, marital status
or disability, or familial status, (i) an applicant or class of appli-
cants is denied credit in circumstances where other applicants of like
overall credit worthiness are granted credit, or (ii) special require-
ments or conditions, such as requiring co-obligors or reapplication upon
marriage, are imposed upon an applicant or class of applicants in
circumstances where similar requirements or conditions are not imposed
upon other applicants of like overall credit worthiness.
3. It shall not be considered discriminatory if credit differen-
tiations or decisions are based upon factually supportable, objective
differences in applicants' overall credit worthiness, which may include
reference to such factors as current income, assets and prior credit
history of such applicants, as well as reference to any other relevant
factually supportable data; provided, however, that no creditor shall
consider, in evaluating the credit worthiness of an applicant, aggregate
statistics or assumptions relating to race, creed, color, national
origin, sexual orientation, GENETIC INFORMATION, military status, sex,
marital status or disability, or to the likelihood of any group of
persons bearing or rearing children, or for that reason receiving dimin-
ished or interrupted income in the future.
§ 14. Paragraph (b) of subdivision 2 of section 296-b of the executive
law, as added by chapter 481 of the laws of 2010, is amended to read as
follows:
(b) Subject a domestic worker to unwelcome harassment based on gender,
race, religion, SEXUAL ORIENTATION, GENETIC INFORMATION or national
origin, where such harassment has the purpose or effect of unreasonably
interfering with an individual's work performance by creating an intim-
idating, hostile, or offensive working environment.
§ 15. Section 40-c of the civil rights law, as amended by chapter 2 of
the laws of 2002, is amended to read as follows:
§ 40-c. Discrimination. 1. All persons within the jurisdiction of this
state shall be entitled to the equal protection of the laws of this
state or any subdivision thereof.
A. 10246 10
2. No person shall, because of race, creed, color, national origin,
sex, marital status, sexual orientation, GENETIC INFORMATION, or disa-
bility, as such term is defined in section two hundred ninety-two of the
executive law, be subjected to any discrimination in his or her civil
rights, or to any harassment, as defined in section 240.25 of the penal
law, in the exercise thereof, by any other person or by any firm, corpo-
ration or institution, or by the state or any agency or subdivision of
the state.
§ 16. Paragraph (a) of subdivision 1 of section 313 of the education
law, as amended by chapter 2 of the laws of 2002, is amended to read as
follows:
(a) It is hereby declared to be the policy of the state that the Amer-
ican ideal of equality of opportunity requires that students, otherwise
qualified, be admitted to educational institutions and be given access
to all the educational programs and courses operated or provided by such
institutions without regard to race, color, sex, religion, creed, mari-
tal status, age, sexual orientation as defined in section two hundred
ninety-two of the executive law, GENETIC INFORMATION AS DEFINED IN
SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, or national origin,
except that, with regard to religious or denominational educational
institutions, students, otherwise qualified, shall have the equal oppor-
tunity to attend therein without discrimination because of race, color,
sex, marital status, age, sexual orientation as defined in section two
hundred ninety-two of the executive law, GENETIC INFORMATION AS DEFINED
IN SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, or national
origin. It is a fundamental American right for members of various reli-
gious faiths to establish and maintain educational institutions exclu-
sively or primarily for students of their own religious faith or to
effectuate the religious principles in furtherance of which they are
maintained. Nothing herein contained shall impair or abridge that right.
§ 17. Subdivision 3 of section 313 of the education law, as amended by
chapter 2 of the laws of 2002, is amended to read as follows:
(3) Unfair educational practices. It shall be an unfair educational
practice for an educational institution after September fifteenth, nine-
teen hundred forty-eight:
(a) To exclude or limit or otherwise discriminate against any person
or persons seeking admission as students to such institution or to any
educational program or course operated or provided by such institution
because of race, religion, creed, sex, color, marital status, age, sexu-
al orientation as defined in section two hundred ninety-two of the exec-
utive law, GENETIC INFORMATION AS DEFINED IN SECTION TWO HUNDRED NINE-
TY-TWO OF THE EXECUTIVE LAW, or national origin; except that nothing in
this section shall be deemed to affect, in any way, the right of a reli-
gious or denominational educational institution to select its students
exclusively or primarily from members of such religion or denomination
or from giving preference in such selection to such members or to make
such selection of its students as is calculated by such institution to
promote the religious principles for which it is established or main-
tained. Nothing herein contained shall impair or abridge the right of an
independent institution, which establishes or maintains a policy of
educating persons of one sex exclusively, to admit students of only one
sex.
(b) To penalize any individual because he or she has initiated, testi-
fied, participated or assisted in any proceedings under this section.
(c) To accept any endowment or gift of money or property conditioned
upon teaching the doctrine of supremacy of any particular race.
A. 10246 11
(d) With respect to any individual who withdraws from attendance to
serve on active duty in the armed forces of the United States in time of
war, including any individual who withdrew from attendance on or after
August second, nineteen hundred ninety to serve on active duty in the
armed forces of the United States in the Persian Gulf conflict: (i) to
deny or limit the readmission of such individual to such institution or
to any educational program or course operated or provided by such insti-
tution because of such withdrawal from attendance or because of the
failure to complete any educational program or course due to such with-
drawal; (ii) to impose any academic penalty on such person because of
such withdrawal or because of the failure to complete any educational
program or course due to such withdrawal; (iii) to reduce or eliminate
any financial aid award granted to such individual which could not be
used, in whole or part, because of such withdrawal or because of the
failure to complete any educational program or course due to such with-
drawal; or (iv) to fail to provide a credit or refund of tuition and
fees paid by such individual for any semester, term or quarter not
completed because of such withdrawal or because of the failure to
complete any program or course due to such withdrawal.
(e) It shall not be an unfair educational practice for any educational
institution to use criteria other than race, religion, creed, sex,
color, marital status, age, sexual orientation as defined in section two
hundred ninety-two of the executive law, GENETIC INFORMATION AS DEFINED
SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, or national origin
in the admission of students to such institution or to any of the educa-
tional programs and courses operated or provided by such institution.
§ 18. This act shall take effect on the thirtieth day after it shall
have become a law.