N.Y. EXC. LAW § 296 : NY Code - Section 296: Unlawful discriminatory practices

Search N.Y. EXC. LAW § 296 : NY Code - Section 296: Unlawful discriminatory practices

1. It shall be an unlawful
  discriminatory practice:
    (a) For an employer or licensing agency, because  of  an  individual's
  age,  race,  creed, color, national origin, sexual orientation, military
  status, sex, disability, predisposing genetic  characteristics,  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,
  military  status, sex, disability, predisposing genetic characteristics,
  or marital status, in receiving,  classifying,  disposing  or  otherwise
  acting  upon  applications for its services or in referring an applicant
  or applicants to an employer or employers.
    (c) For a labor organization, because of the age, race, creed,  color,
  national  origin,  sexual orientation, military status, sex, disability,
  predisposing  genetic  characteristics,  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
  publication, or to use any form of application for employment or to make
  any  inquiry  in connection with prospective employment, which expresses
  directly or indirectly, any limitation, specification or  discrimination
  as  to  age,  race,  creed,  color, national origin, sexual orientation,
  military status, sex, disability, predisposing genetic  characteristics,
  or   marital  status,  or  any  intent  to  make  any  such  limitation,
  specification  or  discrimination,  unless  based  upon  a   bona   fide
  occupational   qualification;   provided,  however,  that  neither  this
  paragraph nor any provision of  this  chapter  or  other  law  shall  be
  construed  to prohibit the department of civil service or the department
  of personnel of any city containing more than one county from requesting
  information from applicants for civil  service  examinations  concerning
  any   of   the   aforementioned   characteristics,   other  than  sexual
  orientation, for the purpose  of  conducting  studies  to  identify  and
  resolve  possible  problems  in  recruitment  and  testing of members of
  minority groups to insure the fairest possible and  equal  opportunities
  for  employment in the civil service for all persons, regardless of age,
  race,  creed,  color,  national  origin,  sexual  orientation,  military
  status,   sex,  disability,  predisposing  genetic  characteristics,  or
  marital status.
    (e) For any employer,  labor  organization  or  employment  agency  to
  discharge, expel or otherwise discriminate against any person because he
  or she has opposed any practices forbidden under this article or because
  he or she has filed a complaint, testified or assisted in any proceeding
  under this article.
    (f) Nothing in this subdivision shall affect any restrictions upon the
  activities  of  persons  licensed  by  the  state  liquor authority with
  respect to persons under twenty-one years of age.
    (g) For an employer to compel an employee who is pregnant  to  take  a
  leave  of  absence,  unless  the employee is prevented by such pregnancy
  from performing the activities involved in the job or  occupation  in  a
  reasonable manner.
    1-a.  It shall be an unlawful discriminatory practice for an employer,
  labor organization, employment  agency  or  any  joint  labor-management
  committee controlling apprentice training programs:

    (a)  To  select  persons for an apprentice training program registered
  with the state of New York on any basis other than their qualifications,
  as determined by objective criteria which permit review;
    (b)  To  deny  to  or withhold from any person because of race, creed,
  color, national origin, sexual orientation, military status,  sex,  age,
  disability,   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,
  conditions or privileges of such programs because of race, creed, color,
  national  origin,  sexual  orientation,  military  status,   sex,   age,
  disability or marital status;
    (d)  To  print  or  circulate or cause to be printed or circulated any
  statement,  advertisement  or  publication,  or  to  use  any  form   of
  application  for such programs or to make any inquiry in connection with
  such program which expresses, directly or  indirectly,  any  limitation,
  specification  or  discrimination  as  to  race,  creed, color, national
  origin, sexual orientation, military status,  sex,  age,  disability  or
  marital   status,   or  any  intention  to  make  any  such  limitation,
  specification  or  discrimination,  unless  based   on   a   bona   fide
  occupational qualification.
    2. (a) It shall be an unlawful discriminatory practice for any person,
  being  the  owner, lessee, proprietor, manager, superintendent, agent or
  employee of any place of  public  accommodation,  resort  or  amusement,
  because  of the race, creed, color, national origin, sexual orientation,
  military status, sex, or disability or marital  status  of  any  person,
  directly  or indirectly, to refuse, withhold from or deny to such person
  any of the accommodations, advantages, facilities or privileges thereof,
  including the extension  of  credit,  or,  directly  or  indirectly,  to
  publish,  circulate, issue, display, post or mail any written or printed
  communication, notice or advertisement, to the effect that  any  of  the
  accommodations,  advantages, facilities and privileges of any such place
  shall be refused, withheld from or denied to any person  on  account  of
  race,  creed,  color,  national  origin,  sexual  orientation,  military
  status, sex, or disability or marital status, or that the  patronage  or
  custom  thereat  of  any person of or purporting to be of any particular
  race,  creed,  color,  national  origin,  sexual  orientation,  military
  status,  sex  or  marital  status,  or having a disability is unwelcome,
  objectionable or not acceptable, desired or solicited.
    (b) Nothing in this subdivision shall  be  construed  to  prevent  the
  barring of any person, because of the sex of such person, from places of
  public  accommodation,  resort  or  amusement  if the division grants an
  exemption based on bona fide considerations of public policy; nor  shall
  this subdivision apply to the rental of rooms in a housing accommodation
  which restricts such rental to individuals of one sex.
    (c)   For   the   purposes  of  paragraph  (a)  of  this  subdivision,
  "discriminatory practice" includes:
    (i) a refusal to make reasonable modifications in policies, practices,
  or  procedures,  when  such  modifications  are  necessary   to   afford
  facilities, privileges, advantages or accommodations to individuals with
  disabilities,  unless  such  person  can  demonstrate  that  making such
  modifications would fundamentally alter the nature of  such  facilities,
  privileges, advantages or accommodations;
    (ii)  a  refusal to take such steps as may be necessary to ensure that
  no individual with a disability is excluded or denied  services  because
  of  the  absence  of auxiliary aids and services, unless such person can

  demonstrate that taking such steps would fundamentally alter the  nature
  of  the facility, privilege, advantage or accommodation being offered or
  would result in an undue burden;
    (iii)  a  refusal  to remove architectural barriers, and communication
  barriers that are structural in  nature,  in  existing  facilities,  and
  transportation  barriers  in  existing  vehicles and rail passenger cars
  used by an establishment for  transporting  individuals  (not  including
  barriers  that  can only be removed through the retrofitting of vehicles
  or rail passenger cars by the  installation  of  a  hydraulic  or  other
  lift), where such removal is readily achievable; and
    (iv)  where  such person can demonstrate that the removal of a barrier
  under subparagraph (iii) of this paragraph is not readily achievable,  a
  failure   to   make   such   facilities,   privileges,   advantages   or
  accommodations available through alternative methods if such methods are
  readily achievable.
    (d) For the purposes of this subdivision:
    (i) "Readily achievable" means easily accomplishable and  able  to  be
  carried  out  without much difficulty or expense. In determining whether
  an action is readily achievable, factors to be considered include:
    (A) the nature and cost of the action needed under this subdivision;
    (B) the overall financial resources  of  the  facility  or  facilities
  involved in the action; the number of persons employed at such facility;
  the  effect  on  expenses  and resources or the impact otherwise of such
  action upon the operation of the facility;
    (C)  the  overall  financial  resources  of  the   place   of   public
  accommodation,  resort or amusement; the overall size of the business of
  such a place with respect to the number of its  employees;  the  number,
  type and location of its facilities; and
    (D)  the  type  of  operation  or  operations  of  the place of public
  accommodation, resort or amusement, including the composition, structure
  and  functions  of  the  workforce  of  such   place;   the   geographic
  separateness,  administrative  or fiscal relationship of the facility or
  facilities in question to such place.
    (ii) "Auxiliary aids and services" include:
    (A) qualified  interpreters  or  other  effective  methods  of  making
  aurally  delivered  materials  available  to  individuals  with  hearing
  impairments;
    (B) qualified readers, taped  texts  or  other  effective  methods  of
  making visually delivered materials available to individuals with visual
  impairments;
    (C) acquisition or modification of equipment or devices; and
    (D) other similar services and actions.
    (iii)  "Undue  burden"  means  significant  difficulty  or expense. In
  determining whether an action would result in an undue  burden,  factors
  to be considered shall include:
    (A) The nature and cost of the action needed under this article;
    (B)  The  overall financial resources of the site or sites involved in
  the action; the number of persons employed at the site;  the  effect  on
  expenses   and   resources;  legitimate  safety  requirements  that  are
  necessary for safe operation, including crime  prevention  measures;  or
  the impact otherwise of the action upon the operation of the site;
    (C)  The  geographic  separateness,  and  the administrative or fiscal
  relationship of the site or sites in question to any parent  corporation
  or entity;
    (D)  If  applicable,  the  overall  financial  resources of any parent
  corporation or entity; the overall size of  the  parent  corporation  or
  entity  with  respect  to the number of its employees; the number, type,
  and location of its facilities; and

    (E) If applicable, the type of operation or operations of  any  parent
  corporation   or  entity,  including  the  composition,  structure,  and
  functions of the workforce of the parent corporation or entity.
    (e) Paragraphs (c) and (d) of this subdivision do not apply to any air
  carrier,   the   National  Railroad  Passenger  Corporation,  or  public
  transportation  facilities,  vehicles  or  services  owned,  leased   or
  operated  by  the  state, a county, city, town or village, or any agency
  thereof, or by any public benefit corporation or authority.
    2-a. It shall be an unlawful discriminatory practice  for  the  owner,
  lessee,  sub-lessee,  assignee,  or  managing agent of publicly-assisted
  housing accommodations or other person having the right of ownership  or
  possession of or the right to rent or lease such accommodations:
    (a)  To  refuse  to  sell,  rent  or  lease or otherwise to deny to or
  withhold from any person or group of persons such housing accommodations
  because of the race, creed, color, disability, national  origin,  sexual
  orientation,  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, 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
  concerning the race, creed, color, disability, national  origin,  sexual
  orientation, 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
  application   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
  orientation, military status, sex, age, disability, marital  status,  or
  familial   status,   or   any   intent  to  make  any  such  limitation,
  specification or discrimination.
    (d) (1) To refuse to permit, at the  expense  of  the  person  with  a
  disability, reasonable modifications of existing premises occupied or to
  be occupied by the said person, if the modifications may be necessary to
  afford  the  said  person  full enjoyment of the premises, in conformity
  with the provisions of the New York state uniform  fire  prevention  and
  building  code,  except that, in the case of a rental, the landlord may,
  where it is reasonable to do so, condition permission for a modification
  on the renter's agreeing to restore the interior of the premises to  the
  condition that existed before the modification, reasonable wear and tear
  excepted.
    (2)  To  refuse  to make reasonable accommodations in rules, policies,
  practices, or services, when such accommodations  may  be  necessary  to
  afford  a  person with a disability equal opportunity to use and enjoy a
  dwelling or

    (3)  In  connection  with  the  design  and  construction  of  covered
  multi-family  dwellings  for  first  occupancy  after  March thirteenth,
  nineteen hundred ninety-one, a failure to design and construct dwellings
  in accordance with the accessibility requirements of the New York  state
  uniform fire prevention and building code, to provide that:
    (i)  The  public  use  and  common  use  portions of the dwellings are
  readily accessible to and usable by disabled persons with disabilities;
    (ii) All the doors are designed in accordance with the New York  state
  uniform  fire  prevention  and  building  code to allow passage into and
  within all premises and  are  sufficiently  wide  to  allow  passage  by
  persons in wheelchairs; and
    (iii)  All premises within covered multi-family dwelling units contain
  an accessible route into  and  through  the  dwelling;  light  switches,
  electrical outlets, thermostats, and other environmental controls are in
  accessible  locations; there are reinforcements in the bathroom walls to
  allow later installation of grab bars; and there are usable kitchens and
  bathrooms such that an individual in a wheelchair can maneuver about the
  space, in conformity with the New York state uniform fire prevention and
  building code.
    (e) Nothing in this subdivision shall restrict  the  consideration  of
  age  in  the  rental  of publicly-assisted housing accommodations if the
  division grants an exemption based on bona fide considerations of public
  policy for  the  purpose  of  providing  for  the  special  needs  of  a
  particular age group without the intent of prejudicing other age groups.
    (f) Nothing in this subdivision shall be deemed to restrict the rental
  of  rooms  in  school  or college dormitories to individuals of the same
  sex.
    3. (a)  It  shall  be  an  unlawful  discriminatory  practice  for  an
  employer,  licensing  agency, employment agency or labor organization to
  refuse to provide reasonable accommodations to the known disabilities of
  an employee, prospective employee or member in connection with a job  or
  occupation sought or held or participation in a training program.
    (b)  Nothing  contained  in  this  subdivision  shall  be construed to
  require provision of accommodations which can be demonstrated to  impose
  an undue hardship on the operation of an employer's, licensing agency's,
  employment   agency's  or  labor  organization's  business,  program  or
  enterprise.
    In making such a demonstration  with  regard  to  undue  hardship  the
  factors to be considered include:
    (i)  The  overall  size  of  the  business, program or enterprise with
  respect to the number of employees, number and type of  facilities,  and
  size of budget;
    (ii)  The  type of operation which the business, program or enterprise
  is engaged in, including the composition and structure of the workforce;
  and
    (iii) The nature and cost of the accommodation needed.
    3-a. It shall be an unlawful discriminatory practice:
    (a) For an employer or licensing agency to refuse to hire or employ or
  license or to bar or to terminate from employment an individual eighteen
  years of age or older, or to discriminate  against  such  individual  in
  promotion,  compensation  or  in  terms,  conditions,  or  privileges of
  employment, because of such individual's age.
    (b) For any employer, licensing agency or employment agency  to  print
  or  circulate  or  cause  to  be  printed  or  circulated any statement,
  advertisement or publication, 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 on account of age respecting individuals

  eighteen  years  of  age  or  older,  or  any  intent  to  make any such
  limitation, specification, or discrimination.
    (c)  For  any  employer,  licensing  agency  or  employment  agency to
  discharge or otherwise discriminate against any person because he or she
  has opposed any practices forbidden under this article or because he  or
  she has filed a complaint, testified or assisted in any proceeding under
  this article.
    (d)  Notwithstanding  any other provision of law, no employee shall be
  subject to termination or retirement from employment  on  the  basis  of
  age,  except  where  age  is  a  bona  fide  occupational  qualification
  reasonably necessary to the normal operation of a  particular  business,
  where the differentiation is based on reasonable factors other than age,
  or  as otherwise specified in paragraphs (e) and (f) of this subdivision
  or in article fourteen-A of the retirement and social security law.
    (e) Nothing contained in this subdivision or  in  subdivision  one  of
  this  section shall be construed to prevent the compulsory retirement of
  any employee who has attained sixty-five years of age, and  who,  for  a
  two-year  period  immediately  before  retirement, is employed in a bona
  fide executive or a high policymaking  position,  if  such  employee  is
  entitled to an immediate nonforfeitable annual retirement benefit from a
  pension,  profit-sharing, savings, or deferred compensation plan, or any
  combination of such plans, of  the  employer  of  such  employee,  which
  equals, in the aggregate, at least forty-four thousand dollars; provided
  that  for  the  purposes  of  this  paragraph  only, the term "employer"
  includes any employer as otherwise defined in this article but does  not
  include (i) the state of New York, (ii) a county, city, town, village or
  any  other political subdivision or civil division of the state, (iii) a
  school district or any other  governmental  entity  operating  a  public
  school,  college  or  university,  (iv)  a public improvement or special
  district,  (v)  a  public  authority,  commission  or   public   benefit
  corporation,   or   (vi)   any   other   public   corporation,   agency,
  instrumentality or unit of government which exercises governmental power
  under the laws of the state. In applying the retirement benefit test  of
  this paragraph, if any such retirement benefit is in a form other than a
  straight  life  annuity  with  no  ancillary  benefits,  or if employees
  contribute to any such plan or make rollover contributions, such benefit
  shall be adjusted in accordance with rules and  regulations  promulgated
  by  the  division,  after an opportunity for public hearing, so that the
  benefit is the equivalent of a straight life annuity with  no  ancillary
  benefits  under  a  plan  to which employees do not contribute and under
  which no rollover contributions are made.
    (f) Nothing contained in this subdivision, in subdivision one of  this
  section  or  in article fourteen-A of the retirement and social security
  law shall be construed to  prevent  the  compulsory  retirement  of  any
  employee  who  has  attained seventy years of age and is serving under a
  contract for unlimited tenure, or a similar  arrangement  providing  for
  unlimited  tenure,  at  a nonpublic institution of higher education. For
  purposes of such subdivisions  or  article,  the  term  "institution  of
  higher  education"  means an educational institution which (i) admits as
  regular students only persons having a certificate of graduation from  a
  school  providing  secondary  education, or the recognized equivalent of
  such a certificate, (ii) is lawfully authorized to provide a program  of
  education  beyond secondary education, and (iii) provides an educational
  program for which it awards a bachelor's degree  or  provides  not  less
  than  a two-year program which is acceptable for full credit toward such
  a degree.
    (g) In the  event  of  a  conflict  between  the  provisions  of  this
  subdivision  and  the provisions of article fourteen-A of the retirement

  and social security law, the provisions of article  fourteen-A  of  such
  law shall be controlling.
    But  nothing contained in this subdivision, in subdivision one of this
  section or in article fourteen-A of the retirement and  social  security
  law  shall  be construed to prevent the termination of the employment of
  any person who, even upon the provision of reasonable accommodations, is
  physically unable to  perform  his  or  her  duties  or  to  affect  the
  retirement  policy or system of any employer where such policy or system
  is not merely a subterfuge to evade the purposes of said subdivisions or
  said article; nor shall anything in such subdivisions or such article be
  deemed to preclude the varying of insurance coverages  according  to  an
  employee's age.
    The  provisions  of  this subdivision shall not affect any restriction
  upon the activities of persons licensed by the  state  liquor  authority
  with respect to persons under twenty-one years of age.
    3-b.  It  shall  be  an  unlawful discriminatory practice for any real
  estate broker, real estate salesperson or employee or agent  thereof  or
  any  other  individual, corporation, partnership or organization for the
  purpose of inducing a real estate transaction from which any such person
  or any of its  stockholders  or  members  may  benefit  financially,  to
  represent  that  a  change  has  occurred  or  will  or may occur in the
  composition with respect to race, creed, color, national origin,  sexual
  orientation,  military  status,  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 of
  property values, an increase in criminal or anti-social behavior,  or  a
  decline in the quality of schools or other facilities.
    4.  It  shall  be an unlawful discriminatory practice for an education
  corporation or association which holds itself out to the  public  to  be
  non-sectarian  and  exempt  from  taxation pursuant to the provisions of
  article four of the real property  tax  law  to  deny  the  use  of  its
  facilities   to  any  person  otherwise  qualified,  or  to  permit  the
  harassment of any student or applicant, by reason of  his  race,  color,
  religion,  disability,  national  origin,  sexual  orientation, 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.
    5. (a) It shall be an unlawful discriminatory practice for the  owner,
  lessee,  sub-lessee,  assignee,  or  managing  agent of, or other person
  having the right  to  sell,  rent  or  lease  a  housing  accommodation,
  constructed or to be constructed, or any agent or employee thereof:
    (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
  from any person or group of persons such a housing accommodation because
  of the race, creed, color, national origin, sexual orientation, military
  status, 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,  military  status,  sex,  age,
  disability, marital status, or familial status in the terms,  conditions
  or  privileges  of  the  sale,  rental  or  lease  of  any  such housing
  accommodation  or  in  the  furnishing  of  facilities  or  services  in
  connection therewith.

    (3)  To  print  or  circulate or cause to be printed or circulated any
  statement,  advertisement  or  publication,  or  to  use  any  form   of
  application   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
  orientation, military status, sex, age, disability, marital  status,  or
  familial   status,   or   any   intent  to  make  any  such  limitation,
  specification or discrimination.
    The provisions of this paragraph (a) shall not apply (1) to the rental
  of  a  housing  accommodation  in  a  building  which  contains  housing
  accommodations  for  not  more than two families living independently of
  each other, if the owner resides in one of such housing  accommodations,
  (2)  to  the  restriction  of  the  rental  of  all  rooms  in a housing
  accommodation to individuals of the same sex or (3) to the rental  of  a
  room  or  rooms  in  a  housing  accommodation, if such rental is by the
  occupant of the housing accommodation or by the  owner  of  the  housing
  accommodation and the owner resides in such housing accommodation or (4)
  solely with respect to age and familial status to the restriction of the
  sale,  rental  or lease of housing accommodations exclusively to persons
  sixty-two years of age or older and the spouse of any  such  person,  or
  for  housing  intended and operated for occupancy by at least one person
  fifty-five years of age  or  older  per  unit.  In  determining  whether
  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.
    (b)  It  shall  be  an unlawful discriminatory practice for the owner,
  lessee, sub-lessee, or managing agent of, or  other  person  having  the
  right of ownership or possession of or the right to sell, rent or lease,
  land or commercial space:
    (1)  To  refuse  to sell, rent, lease or otherwise deny to or withhold
  from any person or group of persons land or commercial space because  of
  the  race,  creed,  color, national origin, sexual orientation, military
  status, 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,  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
  application 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
  orientation, military status, sex, age, disability, 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
  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.
    (c) It shall be an  unlawful  discriminatory  practice  for  any  real
  estate broker, real estate salesperson or employee or agent thereof:
    (1)  To  refuse to sell, rent or lease any housing accommodation, land
  or commercial space to any person or group of persons or  to  refuse  to
  negotiate  for  the sale, rental or lease, of any housing accommodation,
  land or commercial space to any person or group of  persons  because  of
  the  race,  creed,  color, national origin, sexual orientation, military
  status, sex, age, disability, marital status, or familial status of such
  person or persons, or to represent that any housing accommodation,  land
  or  commercial  space  is  not available for inspection, sale, rental or
  lease when in fact it is so available, or otherwise to deny or  withhold
  any housing accommodation, land or commercial space or any facilities of
  any  housing  accommodation, land or commercial space from any person or
  group of persons because of the race,  creed,  color,  national  origin,
  sexual  orientation,  military  status,  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
  application  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  accommodation,  land  or  commercial  space  which   expresses,
  directly or indirectly, any limitation, specification, or discrimination
  as  to race, creed, color, national origin, sexual orientation, military
  status, sex, age, disability, marital status, or familial status; or any
  intent to make any such limitation, specification or discrimination.
    (3) With respect to age and familial status, the  provisions  of  this
  paragraph  shall  not  apply  to  the restriction of the sale, rental or
  lease of any land or commercial space exclusively to persons  fifty-five
  years  of  age  or  older  and  the spouse of any such person, or to the
  restriction of the sale, rental or lease of any housing accommodation or
  land  to  be  used  for  the  construction  or   location   of   housing
  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,  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,
  convalescent home, or home for adults, or an intermediate care facility,
  as defined in  section  two  of  the  social  services  law,  heretofore

  constructed,  or to be constructed, or any agent or employee thereof, to
  refuse to provide services and care in such  home  or  facility  to  any
  individual  or  to  discriminate  against  any  individual in the terms,
  conditions, and privileges of such services and care solely because such
  individual  is  a blind person. For purposes of this paragraph, a "blind
  person" shall mean a person who is registered as a blind person with the
  commission for the visually handicapped and who meets the definition  of
  a  "blind  person"  pursuant  to  section  three of chapter four hundred
  fifteen of the laws of nineteen hundred thirteen  entitled  "An  act  to
  establish a state commission for improving the condition of the blind of
  the state of New York, and making an appropriation therefor".
    (f)  The  provisions of this subdivision, as they relate to age, shall
  not apply to persons under the age of eighteen years.
    (g) It shall be an unlawful discriminatory  practice  for  any  person
  offering  or  providing housing accommodations, land or commercial space
  as described in paragraphs (a), (b), and (c) of this subdivision to make
  or cause to be made any written or oral  inquiry  or  record  concerning
  membership  of  any person in the state organized militia in relation to
  the purchase, rental or lease of such housing  accommodation,  land,  or
  commercial  space,  provided,  however, that nothing in this subdivision
  shall prohibit a member of the state organized militia from  voluntarily
  disclosing such membership.
    6.  It  shall be an unlawful discriminatory practice for any person to
  aid, abet, incite, compel or  coerce  the  doing  of  any  of  the  acts
  forbidden under this article, or to attempt to do so.
    7.  It  shall  be  an  unlawful discriminatory practice for any person
  engaged in any activity to which this section applies  to  retaliate  or
  discriminate  against  any  person  because  he  or  she has opposed any
  practices forbidden under this article or because he or she has filed  a
  complaint, testified or assisted in any proceeding under this article.
    8.  It shall be an unlawful discriminatory practice for any party to a
  conciliation agreement made pursuant to section two hundred ninety-seven
  of this article to violate the terms of such agreement.
    9. (a) It shall be an unlawful discriminatory practice  for  any  fire
  department  or  fire  company  therein,  through  any  member or members
  thereof, 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 department or fire  company  therein,  because  of  the
  race,  creed,  color,  national  origin,  sexual  orientation,  military
  status, sex or marital status of such individual.
    (b)  Upon  a  complaint  to  the  division,  as  provided  for   under
  subdivision one of section two hundred ninety-seven of this article, and
  in  the  event  the  commissioner  finds that an unlawful discriminatory
  practice has been engaged in, the board of fire commissioners  or  other
  body  or  office  having  power of appointment of volunteer firefighters
  shall be served with any  order  required,  under  subdivision  four  of
  section two hundred ninety-seven of this article, to be served on any or
  all  respondents  requiring  such respondent or respondents to cease and
  desist  from  such  unlawful  discriminatory  practice   and   to   take
  affirmative  action. Such board shall have the duty and power to appoint
  as  a  volunteer  firefighter,  notwithstanding  any  other  statute  or
  provision of law or by-law of any volunteer fire company, any individual
  whom  the  commissioner  has determined to be the subject of an unlawful
  discriminatory practice under this subdivision. Unless  such  board  has

  been  found  to  have  engaged  in  an unlawful discriminatory practice,
  service upon such board of such order shall not constitute such board or
  its members as a respondent nor constitute  a  finding  of  an  unlawful
  discriminatory practice against such board or its members.
    10.  (a)  It  shall  be  an  unlawful  discriminatory practice for any
  employer, or an employee or agent thereof, to impose upon a person as  a
  condition  of obtaining or retaining employment, including opportunities
  for promotion, advancement or transfers, any terms  or  conditions  that
  would require such person to violate or forego a sincerely held practice
  of  his  or her religion, including but not limited to the observance of
  any particular day or days or any portion thereof as a sabbath or  other
  holy  day  in  accordance  with the requirements of his or her religion,
  unless, after engaging in a bona fide effort, the employer  demonstrates
  that   it   is  unable  to  reasonably  accommodate  the  employee's  or
  prospective employee's sincerely held religious observance  or  practice
  without  undue  hardship  on  the  conduct  of  the employer's business.
  Notwithstanding any other provision of law to the contrary, an  employee
  shall  not  be  entitled  to  premium wages or premium benefits for work
  performed during hours to which such premium wages or  premium  benefits
  would  ordinarily  be applicable, if the employee is working during such
  hours only as an accommodation to his or her  sincerely  held  religious
  requirements.  Nothing  in  this  paragraph  or  paragraph  (b)  of this
  subdivision shall alter or abridge the rights  granted  to  an  employee
  concerning  the  payment of wages or privileges of seniority accruing to
  that employee.
    (b) Except where  it  would  cause  an  employer  to  incur  an  undue
  hardship,  no  person shall be required to remain at his or her place of
  employment during any  day  or  days  or  portion  thereof  that,  as  a
  requirement  of  his  or  her religion, he or she observes as his or her
  sabbath or other  holy  day,  including  a  reasonable  time  prior  and
  subsequent thereto for travel between his or her place of employment and
  his  or  her  home,  provided  however,  that any such absence from work
  shall, wherever practicable in the reasonable judgment of the  employer,
  be  made  up  by  an  equivalent  amount  of time and work at some other
  mutually convenient time, or shall be charged against any leave with pay
  ordinarily granted, other than sick leave,  provided  further,  however,
  that  any  such absence not so made up or charged, may be treated by the
  employer of such person as leave taken without pay.
    (c) It shall be an unlawful discriminatory practice for an employer to
  refuse to permit an employee to utilize leave, as provided in  paragraph
  (b)  of  this  subdivision,  solely  because  the leave will be used for
  absence from work to accommodate the employee's sincerely held religious
  observance or practice.
    (d) As used in this subdivision: (1) "undue hardship"  shall  mean  an
  accommodation  requiring  significant expense or difficulty (including a
  significant interference with the safe or  efficient  operation  of  the
  workplace or a violation of a bona fide seniority system). Factors to be
  considered in determining whether the accommodation constitutes an undue
  economic hardship shall include, but not be limited to:
    (i) the identifiable cost of the accommodation, including the costs of
  loss   of   productivity   and  of  retaining  or  hiring  employees  or
  transferring employees from one facility to another, in relation to  the
  size and operating cost of the employer;
    (ii)   the   number  of  individuals  who  will  need  the  particular
  accommodation to a sincerely held religious observance or practice; and
    (iii) for an employer with multiple facilities, the  degree  to  which
  the  geographic separateness or administrative or fiscal relationship of
  the facilities will make the accommodation more difficult or expensive.

    Provided, however, an accommodation shall be considered to  constitute
  an  undue  hardship if it will result in the inability of an employee to
  perform the essential functions of the position in which he  or  she  is
  employed.
    (2)  "premium  wages" shall include overtime pay and compensatory time
  off, and additional remuneration for night, weekend or holiday work,  or
  for standby or irregular duty.
    (3)  "premium  benefit"  shall  mean  an  employment  benefit, such as
  seniority, group life insurance, health insurance, disability insurance,
  sick leave, annual leave, or an educational or pension benefit  that  is
  greater  than  the employment benefit due the employee for an equivalent
  period of work  performed  during  the  regular  work  schedule  of  the
  employee.
    In the case of any employer other than the state, any of its political
  subdivisions  or  any  school district, this subdivision shall not apply
  where the uniform application of terms and conditions of  attendance  to
  employees  is  essential  to  prevent  undue  economic  hardship  to the
  employer.  In  any  proceeding  in  which  the  applicability  of   this
  subdivision is in issue, the burden of proof shall be upon the employer.
  If  any  question  shall arise whether a particular position or class of
  positions is excepted from this  subdivision  by  this  paragraph,  such
  question  may  be  referred  in  writing  by  any  party  claimed  to be
  aggrieved, in the case of any position of employment by the state or any
  of its political subdivisions, except by any  school  district,  to  the
  civil  service  commission, in the case of any position of employment by
  any school  district,  to  the  commissioner  of  education,  who  shall
  determine  such  question and in the case of any other employer, a party
  claiming to be aggrieved may file a complaint with the division pursuant
  to this article. Any such determination by the civil service  commission
  shall  be  reviewable in the manner provided by article seventy-eight of
  the civil practice law and rules  and  any  such  determination  by  the
  commissioner  of  education shall be reviewable in the manner and to the
  same extent as other determinations of the  commissioner  under  section
  three hundred ten of the education law.
    11.  Nothing  contained  in this section shall be construed to bar any
  religious  or  denominational  institution  or  organization,   or   any
  organization  operated  for charitable or educational purposes, which is
  operated, supervised or controlled by or in connection with a  religious
  organization,  from  limiting  employment  or sales or rental of housing
  accommodations or admission to or giving preference to  persons  of  the
  same  religion  or  denomination  or  from  taking  such  action  as  is
  calculated by such organization to promote the religious principles  for
  which it is established or maintained.
    12.  Notwithstanding  the  provisions  of  subdivisions one, one-a and
  three-a of this section, it shall  not  be  an  unlawful  discriminatory
  practice for an employer, employment agency, labor organization or joint
  labor-management  committee  to  carry  out  a  plan,  approved  by  the
  division, to increase the employment of members of a minority group  (as
  may  be defined pursuant to the regulations of the division) which has a
  state-wide  unemployment  rate  that  is  disproportionately   high   in
  comparison   with  the  state-wide  unemployment  rate  of  the  general
  population. Any plan approved under this subdivision shall be in writing
  and the division's approval thereof shall be for a  limited  period  and
  may be rescinded at any time by the division.
    13. It shall be an unlawful discriminatory practice (i) for any person
  to discriminate against, boycott or blacklist, or to refuse to buy from,
  sell  to  or  trade with, any person, because of the race, creed, color,
  national origin, sexual orientation, military  status  or  sex  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.
    14. It shall be an unlawful discriminatory  practice  for  any  person
  engaged  in any activity covered by this section to discriminate against
  a blind person, a hearing impaired person or a person with a  disability
  on  the  basis  of his or her use of a guide dog, hearing dog or service
  dog.
    15. It shall be an unlawful discriminatory practice  for  any  person,
  agency,  bureau, corporation or association, including the state and any
  political subdivision thereof, to deny any license or employment to  any
  individual  by reason of his or her having been convicted of one or more
  criminal offenses, or by reason of a finding of a lack  of  "good  moral
  character"  which  is based upon his or her having been convicted of one
  or more criminal offenses, when such  denial  is  in  violation  of  the
  provisions  of  article  twenty-three-A  of the correction law. Further,
  there shall be a rebuttable  presumption  in  favor  of  excluding  from
  evidence  the prior incarceration or conviction of any person, in a case
  alleging that the employer has been negligent in hiring or retaining  an
  applicant  or  employee,  or  supervising  a  hiring  manager,  if after
  learning about an  applicant  or  employee's  past  criminal  conviction
  history,  such  employer  has evaluated the factors set forth in section
  seven hundred fifty-two of the correction law, and  made  a  reasonable,
  good  faith determination that such factors militate in favor of hire or
  retention of that applicant or employee.
    16.  It  shall  be  an  unlawful   discriminatory   practice,   unless
  specifically  required  or permitted by statute, for any person, agency,
  bureau,  corporation  or  association,  including  the  state  and   any
  political subdivision thereof, to make any inquiry about, whether in any
  form  of  application  or  otherwise,  or  to  act upon adversely to the
  individual  involved,  any  arrest  or  criminal  accusation   of   such
  individual  not  then pending against that individual which was followed
  by a termination of that criminal action or proceeding in favor of  such
  individual,  as  defined  in  subdivision  two  of section 160.50 of the
  criminal procedure law, or  by  a  youthful  offender  adjudication,  as
  defined  in  subdivision one of section 720.35 of the criminal procedure
  law, or by a conviction for  a  violation  sealed  pursuant  to  section
  160.55  of the criminal procedure law or by a conviction which is sealed
  pursuant to section 160.58 of the criminal procedure law, in  connection
  with  the  licensing,  employment or providing of credit or insurance to
  such individual; provided, further, that no person shall be required  to
  divulge  information  pertaining to any arrest or criminal accusation of
  such individual not then  pending  against  that  individual  which  was
  followed by a termination of that criminal action or proceeding in favor
  of  such  individual, as defined in subdivision two of section 160.50 of
  the criminal procedure law, or by a youthful offender  adjudication,  as
  defined  in  subdivision one of section 720.35 of the criminal procedure
  law, or by a conviction for  a  violation  sealed  pursuant  to  section
  160.55 of the criminal procedure law, or by a conviction which is sealed
  pursuant to section 160.58 of the criminal procedure law. The provisions
  of  this  subdivision  shall  not  apply  to the licensing activities of
  governmental bodies in relation to the regulation of guns, firearms  and
  other  deadly weapons or in relation to an application for employment as
  a police officer  or  peace  officer  as  those  terms  are  defined  in

  subdivisions  thirty-three  and  thirty-four  of  section  1.20  of  the
  criminal procedure law; provided further that  the  provisions  of  this
  subdivision  shall  not  apply  to  an  application  for  employment  or
  membership  in  any law enforcement agency with respect to any arrest or
  criminal  accusation  which  was  followed  by   a   youthful   offender
  adjudication,  as  defined  in  subdivision one of section 720.35 of the
  criminal procedure law, or  by  a  conviction  for  a  violation  sealed
  pursuant  to  section  160.55  of  the  criminal  procedure law, or by a
  conviction which is sealed pursuant to section 160.58  of  the  criminal
  procedure law.
    17. Nothing in this section shall prohibit the offer and acceptance of
  a  discount  to  a  person  sixty-five years of age or older for housing
  accommodations.
    18. It shall be an unlawful discriminatory  practice  for  the  owner,
  lessee,  sub-lessee,  assignee,  or  managing  agent of, or other person
  having the right of ownership of or possession of or the right  to  rent
  or lease housing accommodations:
    (1) To refuse to permit, at the expense of a person with a disability,
  reasonable modifications of existing premises occupied or to be occupied
  by  the said person, if the modifications may be necessary to afford the
  said person full enjoyment of  the  premises,  in  conformity  with  the
  provisions  of  the  New York state uniform fire prevention and building
  code except that, in the case of a rental, the landlord may, where it is
  reasonable to do so, condition permission  for  a  modification  on  the
  renter's  agreeing  to  restore  the  interior  of  the  premises to the
  condition that existed before the modification, reasonable wear and tear
  excepted.
    (2) To refuse to make reasonable accommodations  in  rules,  policies,
  practices,  or  services,  when  such accommodations may be necessary to
  afford said person with a disability equal opportunity to use and  enjoy
  a dwelling or
    (3)  In  connection  with  the  design  and  construction  of  covered
  multi-family dwellings  for  first  occupancy  after  March  thirteenth,
  nineteen hundred ninety-one, a failure to design and construct dwellings
  in  accordance  with  the  accessibility  requirements  for multi-family
  dwellings found in the  New  York  state  uniform  fire  prevention  and
  building code to provide that:
    (i)  The  public  use  and  common  use  portions of the dwellings are
  readily accessible to and usable by persons with disabilities;
    (ii) All the doors are designed in accordance with the New York  state
  uniform  fire  prevention  and  building  code to allow passage into and
  within all premises and  are  sufficiently  wide  to  allow  passage  by
  persons in wheelchairs; and
    (iii)  All premises within covered multi-family dwelling units contain
  an accessible route into  and  through  the  dwelling;  light  switches,
  electrical outlets, thermostats, and other environmental controls are in
  accessible  locations; there are reinforcements in the bathroom walls to
  allow later installation of grab bars; and there are usable kitchens and
  bathrooms such that an individual in a wheelchair can maneuver about the
  space, in conformity with the New York state uniform fire prevention and
  building code.
    19. (a) Except as provided in paragraph (b) of  this  subdivision,  it
  shall  be  an  unlawful  discriminatory  practice of any employer, labor
  organization, employment agency, licensing  agency,  or  its  employees,
  agents, or members:
    (1)  to  directly  or  indirectly  solicit,  require,  or administer a
  genetic test to a person, or solicit or require information from which a
  predisposing genetic characteristic can be inferred as  a  condition  of

  employment, preemployment application, labor organization membership, or
  licensure; or
    (2)  to  buy  or otherwise acquire the results or interpretation of an
  individual's  genetic  test  results  or  information   from   which   a
  predisposing  genetic  characteristic  can  be  inferred  or  to make an
  agreement with an individual to take a genetic test or  provide  genetic
  test results or such information.
    (b) An employer may require a specified genetic test as a condition of
  employment  where  such  a  test  is shown to be directly related to the
  occupational environment, such that the employee  or  applicant  with  a
  particular genetic anomaly might be at an increased risk of disease as a
  result of working in said environment.
    (c)  Nothing  in this section shall prohibit the genetic testing of an
  employee who requests a  genetic  test  and  who  provides  written  and
  informed  consent  to  taking  a  genetic  test for any of the following
  purposes:
    (1) pursuant to a workers' compensation claim;
    (2) pursuant to civil litigation; or
    (3)  to  determine  the  employee's  susceptibility   to   potentially
  carcinogenic,  toxic,  or  otherwise  hazardous  chemicals or substances
  found in the  workplace  environment  only  if  the  employer  does  not
  terminate  the  employee or take any other action that adversely affects
  any term, condition or privilege of employment pursuant to  the  genetic
  test results.
    (d)  If  an  employee  consents  to  genetic  testing  for  any of the
  aforementioned allowable reasons, he or she must be given  and  sign  an
  authorization  of  consent  form  which  explicitly  states the specific
  purpose, uses and limitations of the  genetic  tests  and  the  specific
  traits or characteristics to be tested.
    20. Nothing in this section shall prohibit the offer and acceptance of
  a  discount for housing accommodations to a person with a disability, as
  defined in subdivision twenty-one of section two hundred  ninety-two  of
  this article.