A. 8532 2
membership in the reserve armed forces of the United States or in the
organized militia of the state, age, sex, marital status, status as a
victim of domestic violence, lawful source of income, WAGE HISTORY,
MEDICAL HISTORY, HEALTH CONDITIONS, or familial status of a person seek-
ing 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 organ-
ized 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, age, disability, marital status, status as a
victim of domestic violence, lawful source of income, WAGE HISTORY,
MEDICAL HISTORY, HEALTH CONDITIONS or familial status, or any intent to
make any such limitation, specification or discrimination.
§ 2. Paragraphs (a), (b), (c), (d), and (h) of subdivision 1, para-
graphs (b), (c), and (d) of subdivision 1-a, paragraph (a) of subdivi-
sion 2, and paragraph (a) of subdivision 9 of section 296 of the execu-
tive 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, disability, predisposing genetic characteristics, familial
status, marital status, WAGE HISTORY, MEDICAL HISTORY, HEALTH CONDI-
TIONS, 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 individual in compensation or in terms, condi-
tions 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, disability, predisposing genetic characteristics,
familial status, marital status, WAGE HISTORY, MEDICAL HISTORY, HEALTH
CONDITIONS, 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, disability, predis-
posing genetic characteristics, familial status, marital status, WAGE
HISTORY, MEDICAL HISTORY, HEALTH CONDITIONS, or status as a victim of
domestic violence, 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
A. 8532 3
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, disability, predisposing genetic characteristics,
familial status, marital status, WAGE HISTORY, MEDICAL HISTORY, HEALTH
CONDITIONS, or status as a victim of domestic violence, 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 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, disability, predisposing genetic characteristics, familial status,
or marital 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, disability, predisposing genetic characteristics,
familial status, marital status, status as a victim of domestic
violence, WAGE HISTORY, MEDICAL HISTORY, HEALTH CONDITIONS, 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 prac-
tice 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 harassment to such employer, licensing
agency, employment agency or labor organization shall not be determina-
tive of whether such employer, licensing agency, employment agency or
labor organization shall be liable. Nothing in this section shall imply
that an employee must demonstrate 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 discrimi-
nation with the same protected characteristic or characteristics would
consider petty slights or trivial inconveniences.
(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, age, disa-
bility, familial status, marital status, WAGE HISTORY, MEDICAL HISTORY,
HEALTH CONDITIONS, or status as a victim of domestic violence, the right
to be admitted to or participate in a guidance program, an apprentice-
ship 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] SUCH PERSON'S
pursuit of such programs or to discriminate against such a person in the
A. 8532 4
terms, conditions or privileges of such programs because of race, creed,
color, national origin, citizenship or immigration status, sexual orien-
tation, gender identity or expression, military status, sex, age, disa-
bility, familial status, marital status, WAGE HISTORY, MEDICAL HISTORY,
HEALTH CONDITIONS, 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, age, disability, familial status,
marital status, WAGE HISTORY, MEDICAL HISTORY, HEALTH CONDITIONS, 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.
(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, disability, marital status, WAGE HISTORY, MEDICAL
HISTORY, HEALTH CONDITIONS, 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, 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, citizenship or immi-
gration status, sexual orientation, gender identity or expression, mili-
tary status, sex, disability, WAGE HISTORY, MEDICAL HISTORY, HEALTH
CONDITIONS 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 is unwelcome, objectionable or not acceptable,
desired or solicited.
(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, marital status,
status as a victim of domestic violence, WAGE HISTORY, MEDICAL HISTORY,
HEALTH CONDITIONS, or familial status, of such individual.
§ 3. Subdivisions 1 and 2 of section 291 of the executive law, as
amended by chapter 8 of the laws of 2019, are amended to read as
follows:
A. 8532 5
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, WAGE
HISTORY, MEDICAL HISTORY, HEALTH CONDITIONS, or disability, 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, WAGE HISTORY, MEDICAL HISTORY, HEALTH
CONDITIONS, 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.
§ 4. 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, disability, WAGE HISTORY, MEDICAL HISTORY, HEALTH CONDI-
TIONS 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 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, gender
identity or expression, military status, sex, disability, WAGE HISTORY,
MEDICAL HISTORY, HEALTH CONDITIONS or marital status.
§ 5. 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, marital
status, status as a victim of domestic violence, disability, WAGE HISTO-
RY, MEDICAL HISTORY, HEALTH CONDITIONS, 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
A. 8532 6
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, citizenship
or immigration status, sexual orientation, gender identity or
expression, military status, age, sex, marital status, status as a
victim of domestic violence, disability, WAGE HISTORY, MEDICAL HISTORY,
HEALTH CONDITIONS, 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, citizenship or immigration status, sexual orientation, gender
identity or expression, military status, age, sex, marital status,
status as a victim of domestic violence, disability, WAGE HISTORY,
MEDICAL HISTORY, HEALTH CONDITIONS, 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, marital status, status as a
victim of domestic violence, childbearing potential, disability, WAGE
HISTORY, MEDICAL HISTORY, HEALTH CONDITIONS, or familial status;
§ 6. 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, marital status, status as a victim of domes-
tic violence, disability, WAGE HISTORY, MEDICAL HISTORY, HEALTH CONDI-
TIONS, 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 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, marital status, status as
a victim of domestic violence, WAGE HISTORY, MEDICAL HISTORY, HEALTH
CONDITIONS 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.
§ 7. 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:
A. 8532 7
2. No person shall, because of race, creed, color, national origin,
sex, marital status, sexual orientation, gender identity or expression,
WAGE HISTORY, MEDICAL HISTORY, HEALTH CONDITIONS, 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] SUCH PERSON'S 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.
§ 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, disability, marital status, status as a victim of
domestic violence, WAGE HISTORY, MEDICAL HISTORY, HEALTH CONDITIONS, or
familial status of the owners or occupants in the block, neighborhood or
area in which the real property is located, and to represent, directly
or indirectly, that this change will or may result in undesirable conse-
quences in the block, neighborhood or area in which the real property is
located, including but not limited to the lowering of property values,
an increase in criminal or anti-social behavior, or a decline in the
quality of schools or other facilities.
4. It shall be an unlawful discriminatory practice for an educational
institution to deny the use of its facilities to any person otherwise
qualified, or to permit the harassment of any student or applicant, by
reason of [his] SUCH PERSON'S race, color, religion, disability,
national origin, citizenship or immigration status, sexual orientation,
gender identity or expression, military status, sex, age, marital
status, WAGE HISTORY, MEDICAL HISTORY, HEALTH CONDITIONS, 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 exclu-
sively 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, status
as a victim of domestic violence, disability, WAGE HISTORY, MEDICAL
HISTORY, HEALTH CONDITIONS, 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), subparagraphs 1, 2,
and 3 of paragraph (b), subparagraphs 1 and 2 of paragraph (c), and
paragraph (d) of subdivision 5 of section 296 of the executive law, as
A. 8532 8
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, age, disability, marital status, status as a victim of
domestic violence, lawful source of income, WAGE HISTORY, MEDICAL HISTO-
RY, HEALTH CONDITIONS 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, age, disability,
marital status, status as a victim of domestic violence, lawful source
of income, WAGE HISTORY, MEDICAL HISTORY, HEALTH CONDITIONS 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, citizenship or
immigration status, sexual orientation, gender identity or expression,
military status, sex, age, disability, marital status, status as a
victim of domestic violence, lawful source of income, WAGE HISTORY,
MEDICAL HISTORY, HEALTH CONDITIONS or familial status, or any intent to
make any such limitation, specification or discrimination.
(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, age, disability, marital status, status as a victim of
domestic violence, WAGE HISTORY, MEDICAL HISTORY, HEALTH CONDITIONS, 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, age, disability,
marital status, status as a victim of domestic violence, WAGE HISTORY,
MEDICAL HISTORY, HEALTH CONDITIONS, 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,
A. 8532 9
military status, sex, age, disability, marital status, status as a
victim of domestic violence, WAGE HISTORY, MEDICAL HISTORY, HEALTH
CONDITIONS, or familial status; or any intent to make any such limita-
tion, specification or discrimination.
(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, age, disability, marital status, status as a victim of
domestic violence, lawful source of income, WAGE HISTORY, MEDICAL HISTO-
RY, HEALTH CONDITIONS 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 accommo-
dation, land or commercial space or any facilities of any housing accom-
modation, land or commercial space from any person or group of persons
because of the race, creed, color, national origin, citizenship or immi-
gration status, sexual orientation, gender identity or expression, mili-
tary status, sex, age, disability, marital status, lawful source of
income, WAGE HISTORY, MEDICAL HISTORY, HEALTH CONDITIONS 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, citizenship or immigration status, sexual orien-
tation, gender identity or expression, military status, sex, age, disa-
bility, marital status, status as a victim of domestic violence, lawful
source of income, WAGE HISTORY, MEDICAL HISTORY, HEALTH CONDITIONS or
familial status; or any intent to make any such limitation, specifica-
tion 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, disability, marital status,
status as a victim of domestic violence, lawful source of income, WAGE
HISTORY, MEDICAL HISTORY, HEALTH CONDITIONS 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.
§ 10. This act shall take effect immediately.