LBD03877-01-9
S. 1047 2 A. 747
opportunity, whether because of discrimination, prejudice, intolerance
or inadequate education, training, housing or health care not only
threatens the rights and proper privileges of its inhabitants, but
menaces the institutions and foundation of a free democratic state and
threatens the peace, order, health, safety and general welfare of the
state and its inhabitants.
The legislature further finds that many residents of this state have
encountered prejudice on account of their gender identity or expression,
and that this prejudice has severely limited or actually prevented
access to employment, housing and other basic necessities of life, lead-
ing to deprivation and suffering. The legislature further recognizes
that this prejudice has fostered a general climate of hostility and
distrust, leading in some instances to physical violence against those
perceived to live in a gender identity or expression which is different
from that traditionally associated with the sex assigned to that person
at birth.
In so doing, the legislature makes clear its action is not intended to
promote any particular attitude, course of conduct or way of life. Rath-
er its purpose is to ensure that individuals who live in our free socie-
ty have the capacity to make their own choices, follow their own beliefs
and conduct their own lives as they see fit, consistent with existing
law.
The legislature further finds that, as court decisions have properly
held, New York's sex discrimination laws prohibit discrimination based
on gender stereotypes or because an individual has transitioned or
intends to transition from one gender to another. This legislation is
intended to codify this principle and to ensure that the public under-
stands that discrimination on the basis of gender identity and
expression is prohibited.
§ 2. Subdivisions 1 and 2 of section 291 of the executive law, as
amended by chapter 196 of the laws of 2010, are amended to read as
follows:
1. The opportunity to obtain employment without discrimination because
of age, race, creed, color, national origin, sexual orientation, GENDER
IDENTITY OR EXPRESSION, military status, sex, marital status, or disa-
bility, is hereby recognized as and declared to be a civil right.
2. The opportunity to obtain education, the use of places of public
accommodation and the ownership, use and occupancy of housing accommo-
dations and commercial space without discrimination because of age,
race, creed, color, national origin, sexual orientation, GENDER IDENTITY
OR EXPRESSION, military status, sex, marital status, or disability, as
specified in section two hundred ninety-six of this article, is hereby
recognized as and declared to be a civil right.
§ 3. Section 292 of the executive law is amended by adding a new
subdivision 35 to read as follows:
35. THE TERM "GENDER IDENTITY OR EXPRESSION" MEANS A PERSON'S ACTUAL
OR PERCEIVED GENDER-RELATED IDENTITY, APPEARANCE, BEHAVIOR, EXPRESSION,
OR OTHER GENDER-RELATED CHARACTERISTIC REGARDLESS OF THE SEX ASSIGNED TO
THAT PERSON AT BIRTH, INCLUDING, BUT NOT LIMITED TO, THE STATUS OF BEING
TRANSGENDER.
§ 4. 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,
S. 1047 3 A. 747
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, GENDER IDENTITY OR EXPRESSION, military
status, sex, disability or marital status and make recommendations to
the division for the development of policies and procedures in general
and in specific instances. The advisory councils also shall disseminate
information about the division's activities to organizations and indi-
viduals in their localities. Such advisory councils shall be composed of
representative 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, GENDER
IDENTITY OR EXPRESSION, military status, sex, disability or marital
status.
§ 5. 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, GENDER
IDENTITY OR EXPRESSION, 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 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,
GENDER IDENTITY OR EXPRESSION, military status, sex, disability, predis-
posing genetic characteristics, familial status, 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, GENDER IDENTITY OR EXPRESSION,
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
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,
GENDER IDENTITY OR EXPRESSION, military status, sex, disability, predis-
posing genetic characteristics, familial status, or marital status, or
any intent to make any such limitation, specification or discrimination,
S. 1047 4 A. 747
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 OR
GENDER IDENTITY OR EXPRESSION, military status, sex, disability, predis-
posing genetic characteristics, familial status, or marital status.
§ 6. 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, GENDER IDENTITY OR
EXPRESSION, military 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, GENDER IDENTITY OR EXPRESSION,
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, GENDER IDENTITY OR EXPRESSION, 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.
§ 7. 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,
GENDER IDENTITY OR EXPRESSION, military status, sex, [or] disability or
marital status of any person, directly or indirectly, to refuse, with-
hold 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 any such place shall be refused, withheld from or denied
to any person on account of race, creed, color, national origin, sexual
orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, [or]
disability or marital status, or that the patronage or custom thereat of
S. 1047 5 A. 747
any person of or purporting to be of any particular race, creed, color,
national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION,
military status, sex or marital status, or having a disability is unwel-
come, objectionable or not acceptable, desired or solicited.
§ 8. 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, GENDER IDENTITY OR EXPRESSION, 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, GENDER
IDENTITY OR EXPRESSION, 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, GENDER IDENTITY OR EXPRESSION, 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, GENDER IDENTITY OR EXPRESSION, military status, sex, age, disa-
bility, marital status, or familial status, or any intent to make any
such limitation, specification or discrimination.
§ 9. 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,
GENDER IDENTITY OR EXPRESSION, 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, directly or indirectly, that this change will or may result
in undesirable consequences in the block, neighborhood or area in which
the real property is located, including but not limited to the lowering
S. 1047 6 A. 747
of property values, an increase in criminal or anti-social behavior, or
a decline in the quality of schools or other facilities.
§ 10. 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, GENDER IDENTITY OR
EXPRESSION, military 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.
§ 11. 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, GENDER
IDENTITY OR EXPRESSION, 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, GENDER IDENTITY OR EXPRESSION,
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 facili-
ties 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, GENDER IDENTITY OR EXPRESSION, military status, sex, age, disa-
bility, 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
S. 1047 7 A. 747
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, GENDER
IDENTITY OR EXPRESSION, 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, GENDER IDENTITY OR EXPRESSION,
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, GENDER IDENTITY OR EXPRESSION, military status, sex, age, disa-
bility, marital 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, GENDER
IDENTITY OR EXPRESSION, 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 avail-
able for inspection, sale, rental or lease when in fact it is so avail-
able, or otherwise to deny or withhold any housing accommodation, land
or commercial space or any facilities of any housing accommodation, land
S. 1047 8 A. 747
or commercial space from any person or group of persons because of the
race, creed, color, national origin, sexual orientation, GENDER IDENTITY
OR EXPRESSION, military 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, GENDER IDENTITY OR
EXPRESSION, military status, sex, age, disability, marital status, or
familial status; or any intent to make any such limitation, specifica-
tion 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 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, GENDER IDENTITY OR EXPRESSION, 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.
(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
S. 1047 9 A. 747
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.
§ 12. 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, GENDER IDENTITY OR EXPRESSION,
military status, sex, marital status, or familial status, of such indi-
vidual.
§ 13. 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, GENDER IDENTITY OR
EXPRESSION, military status, sex, disability, or familial status, of
such person, or of such person's partners, members, stockholders, direc-
tors, 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.
§ 14. 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, GENDER IDENTITY OR EXPRESSION,
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 occupants 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
orientation, GENDER IDENTITY OR EXPRESSION, military status, age, sex,
marital status, disability, or familial status;
S. 1047 10 A. 747
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, GENDER IDENTITY OR EXPRESSION, 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, GENDER IDENTITY OR EXPRESSION, 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, GENDER IDENTITY OR EXPRESSION, military status, age, sex, mari-
tal status or disability, or familial status, (i) an applicant or class
of applicants is denied credit in circumstances where other applicants
of like overall credit worthiness are granted credit, or (ii) special
requirements or conditions, such as requiring co-obligors or reapplica-
tion 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, GENDER IDENTITY OR EXPRESSION, military
status, sex, marital status or disability, or to the likelihood of any
group of persons bearing or rearing children, or for that reason receiv-
ing diminished or interrupted income in the future.
§ 15. 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, GENDER IDENTITY OR EXPRESSION or
national origin, where such harassment has the purpose or effect of
unreasonably interfering with an individual's work performance by creat-
ing an intimidating, hostile, or offensive working environment.
§ 16. 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.
2. No person shall, because of race, creed, color, national origin,
sex, marital status, sexual orientation, GENDER IDENTITY OR EXPRESSION,
or disability, as such term is defined in section two hundred ninety-two
S. 1047 11 A. 747
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,
corporation or institution, or by the state or any agency or subdivision
of the state.
§ 17. 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, GENDER IDENTITY OR EXPRESSION 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 opportunity 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, GENDER IDENTITY OR
EXPRESSION 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 religious faiths to establish and maintain educational insti-
tutions exclusively 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.
§ 18. 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, GENDER IDENTITY OR EXPRESSION AS DEFINED IN SECTION TWO
HUNDRED NINETY-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 religious 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 estab-
lished or maintained. 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.
(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
S. 1047 12 A. 747
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, GENDER IDENTITY OR EXPRESSION
AS DEFINED IN 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 educational programs and courses operated or provided by such
institution.
§ 19. Section 485.00 of the penal law, as added by chapter 107 of the
laws of 2000, is amended to read as follows:
§ 485.00 Legislative findings.
The legislature finds and determines as follows: criminal acts involv-
ing violence, intimidation and destruction of property based upon bias
and prejudice have become more prevalent in New York state in recent
years. The intolerable truth is that in these crimes, commonly and
justly referred to as "hate crimes", victims are intentionally selected,
in whole or in part, because of their race, color, national origin,
ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, religious
practice, age, disability or sexual orientation. Hate crimes do more
than threaten the safety and welfare of all citizens. They inflict on
victims incalculable physical and emotional damage and tear at the very
fabric of free society. Crimes motivated by invidious hatred toward
particular groups not only harm individual victims but send a powerful
message of intolerance and discrimination to all members of the group to
which the victim belongs. Hate crimes can and do intimidate and disrupt
entire communities and vitiate the civility that is essential to healthy
democratic processes. In a democratic society, citizens cannot be
required to approve of the beliefs and practices of others, but must
never commit criminal acts on account of them. Current law does not
adequately recognize the harm to public order and individual safety that
hate crimes cause. Therefore, our laws must be strengthened to provide
clear recognition of the gravity of hate crimes and the compelling
importance of preventing their recurrence.
Accordingly, the legislature finds and declares that hate crimes
should be prosecuted and punished with appropriate severity.
§ 20. Subdivisions 1, 2 and 4 of section 485.05 of the penal law, as
added by chapter 107 of the laws of 2000, are amended to read as
follows:
S. 1047 13 A. 747
1. A person commits a hate crime when he or she commits a specified
offense and either:
(a) intentionally selects the person against whom the offense is
committed or intended to be committed in whole or in substantial part
because of a belief or perception regarding the race, color, national
origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, reli-
gious practice, age, disability or sexual orientation of a person,
regardless of whether the belief or perception is correct, or
(b) intentionally commits the act or acts constituting the offense in
whole or in substantial part because of a belief or perception regarding
the race, color, national origin, ancestry, gender, GENDER IDENTITY OR
EXPRESSION, religion, religious practice, age, disability or sexual
orientation of a person, regardless of whether the belief or perception
is correct.
2. Proof of race, color, national origin, ancestry, gender, GENDER
IDENTITY OR EXPRESSION, religion, religious practice, age, disability or
sexual orientation of the defendant, the victim or of both the defendant
and the victim does not, by itself, constitute legally sufficient
evidence satisfying the people's burden under paragraph (a) or (b) of
subdivision one of this section.
4. For purposes of this section:
(a) the term "age" means sixty years old or more;
(b) the term "disability" means a physical or mental impairment that
substantially limits a major life activity[.];
(C) THE TERM "GENDER IDENTITY OR EXPRESSION" MEANS A PERSON'S ACTUAL
OR PERCEIVED GENDER-RELATED IDENTITY, APPEARANCE, BEHAVIOR, EXPRESSION,
OR OTHER GENDER-RELATED CHARACTERISTIC REGARDLESS OF THE SEX ASSIGNED TO
THAT PERSON AT BIRTH, INCLUDING, BUT NOT LIMITED TO, THE STATUS OF BEING
TRANSGENDER.
§ 21. Subdivision 3 of section 240.30 of the penal law, as amended by
chapter 188 of the laws of 2014, is amended to read as follows:
3. With the intent to harass, annoy, threaten or alarm another person,
he or she strikes, shoves, kicks, or otherwise subjects another person
to physical contact, or attempts or threatens to do the same because of
a belief or perception regarding such person's race, color, national
origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, reli-
gious practice, age, disability or sexual orientation, regardless of
whether the belief or perception is correct; or
§ 22. The opening paragraph of section 240.31 of the penal law, as
amended by chapter 49 of the laws of 2006, is amended to read as
follows:
A person is guilty of aggravated harassment in the first degree when
with intent to harass, annoy, threaten or alarm another person, because
of a belief or perception regarding such person's race, color, national
origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, reli-
gious practice, age, disability or sexual orientation, regardless of
whether the belief or perception is correct, he or she:
§ 23. Section 240.00 of the penal law is amended by adding a new
subdivision 7 to read as follows:
7. "GENDER IDENTITY OR EXPRESSION" MEANS A PERSON'S ACTUAL OR
PERCEIVED GENDER-RELATED IDENTITY, APPEARANCE, BEHAVIOR, EXPRESSION, OR
OTHER GENDER-RELATED CHARACTERISTIC REGARDLESS OF THE SEX ASSIGNED TO
THAT PERSON AT BIRTH, INCLUDING, BUT NOT LIMITED TO, THE STATUS OF BEING
TRANSGENDER.
S. 1047 14 A. 747
§ 24. Paragraph (c) of subdivision 7 of section 200.50 of the criminal
procedure law, as amended by chapter 7 of the laws of 2007, is amended
to read as follows:
(c) in the case of any hate crime, as defined in section 485.05 of the
penal law, specifies, as applicable, that the defendant or defendants
intentionally selected the person against whom the offense was committed
or intended to be committed; or intentionally committed the act or acts
constituting the offense, in whole or in substantial part because of a
belief or perception regarding the race, color, national origin, ances-
try, gender, GENDER IDENTITY OR EXPRESSION, religion, religious prac-
tice, age, disability or sexual orientation of a person; and
§ 25. This act shall take effect on the thirtieth day after it shall
have become a law; provided, however, that sections nineteen through
twenty-four of this act shall take effect on the first of November next
succeeding the date on which it shall have become a law.
