§ 3. Subdivisions 8 and 9 of section 295 of the executive law, as
amended by chapter 8 of the laws of 2019, 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, gender identity or expression, military
status, sex, PREGNANCY OUTCOME, 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 individuals in their localities. Such advisory coun-
cils 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, PREGNANCY OUTCOME, disa-
bility or marital status.
§ 4. Paragraphs (a), (b), (c), (d) and (h) of subdivision 1 of section
296 of the executive law, as separately amended by chapters 202 and 748
of the laws of 2022, are amended to read as follows:
(a) For an employer or licensing agency, because of an individual's
age, race, creed, color, national origin, citizenship or immigration
status, sexual orientation, gender identity or expression, military
status, sex, PREGNANCY OUTCOME, disability, predisposing genetic charac-
teristics, familial status, marital status, or status as a victim of
domestic violence, 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, citizenship or
immigration status, sexual orientation, gender identity or expression,
military status, sex, PREGNANCY OUTCOME, disability, predisposing genet-
ic characteristics, familial status, marital status, or status as a
victim of domestic violence, 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, citizenship or immigration status, sexual orientation,
gender identity or expression, military status, sex, PREGNANCY OUTCOME,
disability, predisposing genetic characteristics, familial status, mari-
tal status, or status as a victim of domestic violence, of any individ-
ual, 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.
S. 4172 3
(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, citizenship or immi-
gration status, sexual orientation, gender identity or expression, mili-
tary status, sex, PREGNANCY OUTCOME, disability, predisposing genetic
characteristics, familial status, marital status, or status as a victim
of domestic violence, or any intent to make any such limitation, spec-
ification 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 afore-
mentioned characteristics, other than sexual orientation, for the
purpose of conducting studies to identify and resolve possible problems
in recruitment and testing of members of minority groups to ensure the
fairest possible and equal opportunities for employment in the civil
service for all persons, regardless of age, race, creed, color, national
origin, citizenship or immigration status, sexual orientation or gender
identity or expression, military status, sex, PREGNANCY OUTCOME, disa-
bility, predisposing genetic characteristics, familial status, or mari-
tal status.
(h) For an employer, licensing agency, employment agency or labor
organization to subject any individual to harassment because of an indi-
vidual's age, race, creed, color, national origin, citizenship or immi-
gration status, sexual orientation, gender identity or expression, mili-
tary status, sex, PREGNANCY OUTCOME, disability, predisposing genetic
characteristics, familial status, marital status, status as a victim of
domestic violence, or because the individual has opposed any practices
forbidden under this article or because the individual has filed a
complaint, testified or assisted in any proceeding under this article,
regardless of whether such harassment would be considered severe or
pervasive under precedent applied to harassment claims. Such harassment
is an unlawful discriminatory practice when it subjects an individual to
inferior terms, conditions or privileges of employment because of the
individual's membership in one or more of these protected categories.
The fact that such individual did not make a complaint about the harass-
ment to such employer, licensing agency, employment agency or labor
organization shall not be determinative of whether such employer,
licensing agency, employment agency or labor organization shall be
liable. Nothing in this section shall imply that an employee must demon-
strate the existence of an individual to whom the employee's treatment
must be compared. It shall be an affirmative defense to liability under
this subdivision that the harassing conduct does not rise above the
level of what a reasonable victim of discrimination with the same
protected characteristic or characteristics would consider petty slights
or trivial inconveniences.
§ 5. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of
the executive law, as separately amended by chapters 202 and 748 of the
laws of 2022, are amended to read as follows:
(b) To deny to or withhold from any person because of race, creed,
color, national origin, citizenship or immigration status, sexual orien-
tation, gender identity or expression, military status, sex, PREGNANCY
S. 4172 4
OUTCOME, age, disability, familial status, marital status, or status as
a victim of domestic violence, the right to be admitted to or partic-
ipate 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, citizenship or immigration status, sexual orientation,
gender identity or expression, military status, sex, PREGNANCY OUTCOME,
age, disability, familial status, marital status, or status as a victim
of domestic violence;
(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,
citizenship or immigration status, sexual orientation, gender identity
or expression, military status, sex, PREGNANCY OUTCOME, age, disability,
familial status, marital status, or status as a victim of domestic
violence, 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 separately amended by chapters 202 and 748 of the laws of 2022,
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, citizenship or immi-
gration status, sexual orientation, gender identity or expression, mili-
tary status, sex, PREGNANCY OUTCOME, disability, marital status, or
status as a victim of domestic violence, 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, circu-
late, 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, citizenship or immigration status, sexual
orientation, gender identity or expression, military status, sex, PREG-
NANCY OUTCOME, 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, citizenship or immigration status,
sexual orientation, gender identity or expression, military status, sex
or marital status, or having a disability OR PREGNANCY OUTCOME, 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, as separately amended by chapters 202 and 748
of the laws of 2022, 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, citizen-
ship or immigration status, sexual orientation, gender identity or
expression, military status, age, sex, PREGNANCY OUTCOME, marital
status, status as a victim of domestic violence, lawful source of income
S. 4172 5
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, citizenship or immigration
status, sexual orientation, gender identity or expression, military
status, age, sex, PREGNANCY OUTCOME, marital status, status as a victim
of domestic violence, lawful source of income or familial status in the
terms, conditions or privileges of any publicly-assisted housing accom-
modations 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, citizenship or
immigration status, sexual orientation, gender identity or expression,
membership in the reserve armed forces of the United States or in the
organized militia of the state, age, sex, PREGNANCY OUTCOME, marital
status, status as a victim of domestic violence, lawful source of income
or familial status of a person seeking to rent or lease any publicly-as-
sisted 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, citizenship or
immigration status, sexual orientation, gender identity or expression,
military status, sex, PREGNANCY OUTCOME, age, disability, marital
status, status as a victim of domestic violence, lawful source of income
or familial status, or any intent to make any such limitation, specifi-
cation or discrimination.
§ 8. Subdivisions 3-b, 4 and 13 of section 296 of the executive law,
as separately amended by chapters 202 and 748 of the laws of 2022, are
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, citizenship or
immigration status, sexual orientation, gender identity or expression,
military status, sex, PREGNANCY OUTCOME, disability, marital status,
status as a victim of domestic violence, 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 of property values, an increase in crim-
inal 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 educational
institution to deny the use of its facilities to any person otherwise
S. 4172 6
qualified, or to permit the harassment of any student or applicant, by
reason of his race, color, religion, disability, national origin, citi-
zenship or immigration status, sexual orientation, gender identity or
expression, military status, sex, PREGNANCY OUTCOME, age, marital
status, or status as a victim of domestic violence, 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.
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, citizenship or immigration status, sexual
orientation, gender identity or expression, military status, sex, PREG-
NANCY OUTCOME, status as a victim of domestic violence, disability, or
familial status, or 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.
§ 9. Subparagraphs 1, 2 and 3 of paragraph (a) of subdivision 5 of
section 296 of the executive law, as separately amended by chapters 202
and 748 of the laws of 2022, are amended to read as follows:
(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, citizenship or immigration
status, sexual orientation, gender identity or expression, military
status, sex, PREGNANCY OUTCOME, age, disability, marital status, status
as a victim of domestic violence, lawful source of income 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, citizenship or immigration status, sexual orientation,
gender identity or expression, military status, sex, PREGNANCY OUTCOME,
age, disability, marital status, status as a victim of domestic
violence, lawful source of income or familial status in the terms,
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, citizenship or
immigration status, sexual orientation, gender identity or expression,
military status, sex, PREGNANCY OUTCOME, age, disability, marital
status, status as a victim of domestic violence, lawful source of income
or familial status, or any intent to make any such limitation, specifi-
cation or discrimination.
§ 10. Subparagraphs 1, 2 and 3 of paragraph (b) of subdivision 5 of
section 296 of the executive law, as separately amended by chapters 202
and 748 of the laws of 2022, are amended to read as follows:
S. 4172 7
(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, citizenship or immigration
status, sexual orientation, gender identity or expression, military
status, sex, PREGNANCY OUTCOME, age, disability, marital status, status
as a victim of domestic violence, 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, citizenship or immigration status, sexual orientation,
gender identity or expression, military status, sex, PREGNANCY OUTCOME,
age, disability, marital status, status as a victim of domestic
violence, 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, citizenship or
immigration status, sexual orientation, gender identity or expression,
military status, sex, PREGNANCY OUTCOME, age, disability, marital
status, status as a victim of domestic violence, or familial status; or
any intent to make any such limitation, specification or discrimination.
§ 11. Subparagraphs 1 and 2 of paragraph (c) and paragraph (d) of
subdivision 5 of section 296 of the executive law, as separately amended
by chapters 202 and 748 of the laws of 2022, are amended to read as
follows:
(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, citizenship or immigration
status, sexual orientation, gender identity or expression, military
status, sex, PREGNANCY OUTCOME, age, disability, marital status, status
as a victim of domestic violence, lawful source of income or familial
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, citizenship or immigration status, sexual orientation,
gender identity or expression, military status, sex, PREGNANCY OUTCOME,
age, disability, marital status, lawful source of income 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,
S. 4172 8
color, national origin, citizenship or immigration status, sexual orien-
tation, gender identity or expression, military status, sex, PREGNANCY
OUTCOME, age, disability, marital status, status as a victim of domestic
violence, lawful source of income or familial status; or any intent to
make any such limitation, specification or discrimination.
(d) It shall be an unlawful discriminatory practice for any real
estate board, because of the race, creed, color, national origin, citi-
zenship or immigration status, sexual orientation, gender identity or
expression, military status, age, sex, PREGNANCY OUTCOME, disability,
marital status, status as a victim of domestic violence, lawful source
of income or familial status of any individual who is otherwise quali-
fied for membership, to exclude or expel such individual from member-
ship, or to discriminate against such individual in the terms, condi-
tions and privileges of membership in such board.
§ 12. Paragraph (a) of subdivision 9 of section 296 of the executive
law, as separately amended by chapters 202 and 748 of the laws of 2022,
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, citizenship or immigration status, sexual orientation,
gender identity or expression, military status, sex, PREGNANCY OUTCOME,
marital status, status as a victim of domestic violence, or familial
status, of such individual.
§ 13. Paragraphs a, b, c and e of subdivision 1 of section 296-a of
the executive law, as separately amended by chapters 202 and 748 of the
laws of 2022, are amended to read as follows:
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, citizenship or immigration status, sexual orientation,
gender identity or expression, military status, age, sex, PREGNANCY
OUTCOME, marital status, status as a victim of domestic violence, disa-
bility, 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 condi-
tions 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, citizenship
or immigration status, sexual orientation, gender identity or
expression, military status, age, sex, PREGNANCY OUTCOME, marital
status, status as a victim of domestic violence, 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
S. 4172 9
origin, citizenship or immigration status, sexual orientation, gender
identity or expression, military status, age, sex, PREGNANCY OUTCOME,
marital status, status as a victim of domestic violence, disability, or
familial status;
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, citizen-
ship or immigration status, sexual orientation, gender identity or
expression, military status, age, sex, PREGNANCY OUTCOME, marital
status, status as a victim of domestic violence, childbearing potential,
disability, or familial status;
§ 14. Subdivisions 2 and 3 of section 296-a of the executive law, as
separately amended by chapters 202 and 748 of the laws of 2022, are
amended to read as follows:
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, citizenship or
immigration status, sexual orientation, gender identity or expression,
military status, age, sex, PREGNANCY OUTCOME, marital status, status as
a victim of domestic violence, 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-obli-
gors 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, citizenship or immigration status, sexual orientation, gender
identity or expression, military status, sex, PREGNANCY OUTCOME, marital
status, status as a victim of domestic violence or disability, or to the
likelihood of any group of persons bearing or rearing children, or for
that reason receiving diminished or interrupted income in the future.
§ 15. Subdivision 2 of section 40-c of the civil rights law, as
amended by chapter 8 of the laws of 2019, is amended to read as follows:
2. No person shall, because of race, creed, color, national origin,
sex, PREGNANCY OUTCOME, marital status, sexual orientation, gender iden-
tity or expression, or disability, 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, corporation or institution, or by the
state or any agency or subdivision of the state.
§ 16. This act shall take effect immediately.
