NY Exec L § 296 (2021)
2021 New York Laws EXC - Executive Article 15 - Human Rights Law 296 - Unlawful Discriminatory Practices.

§  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, gender identity or expression, military status, sex,  disability,  predisposing genetic characteristics, 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 individual in compensation or in terms, conditions or privileges of employment.  (b) For an employment agency to discriminate  against  any  individual because of age, race, creed, color, national origin, sexual orientation, gender   identity  or  expression,  military  status,  sex,  disability, predisposing  genetic  characteristics,  familial  status,  or   marital status,  in  receiving,  classifying, disposing or otherwise acting upon applications for its services or in referring an applicant or applicants to an employer or employers.  (c) For a labor organization, because of the age, race, creed,  color, national  origin,  sexual  orientation,  gender  identity or expression, military status, sex, disability, predisposing genetic  characteristics, familial  status,  or marital status of any individual, to exclude or to expel from its membership such individual or to discriminate in any  way against  any  of  its  members or against any employer or any individual employed by an employer.  (d) For any employer or employment agency to  print  or  circulate  or cause  to  be  printed  or  circulated  any  statement, advertisement or 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, gender   identity  or  expression,  military  status,  sex,  disability, predisposing  genetic  characteristics,  familial  status,  or   marital status,  or  any  intent  to  make any such limitation, specification or discrimination,   unless   based   upon   a   bona   fide   occupational qualification;  provided,  however,  that neither this paragraph nor any provision of this chapter or other law shall be  construed  to  prohibit the  department  of  civil service or the department of personnel of any city containing more than one county from  requesting  information  from applicants   for  civil  service  examinations  concerning  any  of  the aforementioned characteristics, other than sexual orientation,  for  the purpose  of conducting studies to 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 or gender identity  or  expression,  military status,  sex, disability, predisposing genetic characteristics, familial status, 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.  (h)  For  an  employer,  licensing  agency, employment agency or labor organization to subject any  individual  to  harassment  because  of  an individual's   age,   race,   creed,   color,  national  origin,  sexual orientation,  gender  identity  or  expression,  military  status,  sex, disability,   predisposing  genetic  characteristics,  familial  status, marital  status,  domestic  violence  victim  status,  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 harassment 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  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 discrimination  with  the  same  protected  characteristic  or characteristics would consider petty slights or trivial inconveniences.   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,  gender  identity  or expression, military status, sex, age, disability, familial  status,  or marital status, the right to be admitted to or participate in a guidance program,   an   apprenticeship  training  program,  on-the-job  training program, executive training program, or other occupational  training  or retraining program;  (c)  To  discriminate against any person in his or her pursuit of such programs or  to  discriminate  against  such  a  person  in  the  terms, conditions or privileges of such programs because of race, creed, color, national  origin,  sexual  orientation,  gender  identity or expression, military status,  sex,  age,  disability,  familial  status  or  marital status;  (d)  To  print  or  circulate or cause to be printed or circulated any statement,  advertisement  or  publication,  or  to  use  any  form   of 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,  gender  identity  or  expression,  military status,  sex, age, disability, familial status or marital status, or any intention to make any such limitation, specification or  discrimination, unless based on a bona fide occupational qualification.   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,  gender identity or  expression,  military  status,  sex,  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,  gender  identity  or expression, military status, sex, 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, gender identity or expression, 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;  (iv) where such person is  a  local  or  state  government  entity,  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 does not constitute an undue burden; except as set  forth in paragraph (e) of this subdivision; nothing in this section would require a public entity to: necessarily make each of its  existing facilities  accessible  to  and usable by individuals with disabilities; take  any  action  that  would  threaten  or  destroy   the   historical significance  of  an historic property; or to make structural changes in existing facilities where  other  methods  are  effective  in  achieving compliance with this section; and  (v)  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.  (iv)  "Reasonable  modifications  in  policies, practices, procedures" includes modification to permit the use of a service animal by a  person with  a disability, consistent with federal regulations implementing the Americans with Disabilities Act, Title III, at 28 CFR 36.302(c).  (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, gender identity or expression, military status,  age,  sex, marital  status,  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.  (b)  To  discriminate  against  any person because of his or her race, creed, color, disability, national origin,  sexual  orientation,  gender identity  or  expression,  military  status,  age,  sex, marital status, lawful source of income 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, gender identity or expression, membership  in  the  reserve armed  forces  of  the  United States or in the organized militia of the state, age, sex, marital status, lawful source  of  income  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, gender identity or expression, military status,  sex,  age, disability,  marital status, lawful source of income 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,  including  the use of an animal as a reasonable accommodation to  alleviate  symptoms  or  effects  of  a  disability,  and  including reasonable modification to common use portions of the 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, or pregnancy-related conditions, 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.   * (c) Nothing in this subdivision regarding "reasonable accommodation" or  in  the chapter of the laws of two thousand fifteen which added this paragraph shall alter, diminish, increase, or create new  or  additional requirements  to  accommodate protected classes pursuant to this article other than the additional requirements as explicitly set forth  in  such chapter of the laws of two thousand fifteen.   * NB There are 2 para (c)'s   *  (c)  The  employee  must  cooperate  in  providing medical or other information that is necessary to verify the existence of the  disability or  pregnancy-related  condition, or that is necessary for consideration  of the accommodation. The employee has a  right  to  have  such  medical information kept confidential.   * NB There are 2 para (c)'s   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,  gender  identity  or  expression,  military  status,  sex, disability,  marital  status,  or  familial  status  of  the  owners  or occupants  in the block, neighborhood or area in which the real property is located, and to represent, directly or indirectly, that  this  change will   or   may   result  in  undesirable  consequences  in  the  block, neighborhood or area in which the real property  is  located,  including but  not  limited  to  the  lowering  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 race, color, religion, disability, national origin, sexual orientation, gender identity or expression, military status, sex, age or marital  status,  except  that any such institution which establishes or maintains a policy of educating persons of one sex exclusively may admit students of only one sex.   5. (a) It shall be an unlawful discriminatory practice for the  owner, lessee,  sub-lessee,  assignee,  or  managing  agent of, or other person having the right  to  sell,  rent  or  lease  a  housing  accommodation, constructed or to be constructed, or any agent or employee thereof:  (1) To refuse to sell, rent, lease or otherwise to deny to or withhold from any person or group of persons such a housing accommodation because of  the  race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, age,  disability,  marital status,  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,  sexual  orientation,  gender  identity or expression, military status, sex, age, disability, marital status, lawful source  of income  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, gender identity or expression, military status,  sex,  age, disability,  marital status, lawful source of income or familial status, or  any  intent  to  make  any   such   limitation,   specification   or discrimination.  (4)  (i) The provisions of subparagraphs one and two of this paragraph 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. However, such rental property shall  no  longer  be  exempt from  the  provisions  of subparagraphs one and two of this paragraph if there is unlawful discriminatory conduct pursuant to subparagraph  three of this paragraph.  (ii)  The  provisions  of  subparagraphs  one,  two, and three of this paragraph shall not apply (1) to the restriction of the  rental  of  all rooms  in a housing accommodation to individuals of the same sex, (2) 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 (3) 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, gender identity or expression, military status, sex, age,  disability,  marital status,  or  familial  status of such person or persons, or to represent that any housing accommodation or land is not available for  inspection, sale, rental or lease when in fact it is so available;  (2)  To discriminate against any person because of race, creed, color, national origin, sexual  orientation,  gender  identity  or  expression, military  status,  sex,  age,  disability,  marital  status, or familial status in the terms, conditions or privileges of  the  sale,  rental  or lease  of  any  such  land  or commercial space; or in the furnishing of facilities or services in connection therewith;  (3) To print or circulate or cause to be  printed  or  circulated  any statement,   advertisement  or  publication,  or  to  use  any  form  of 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, gender identity or expression, 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, gender identity or expression, military status, sex, age,  disability,  marital status,  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, sexual orientation, gender identity or expression, military status,  sex,  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 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,  gender identity  or  expression, military status, sex, age, disability, marital status, lawful source of income 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 housing accommodation, land or commercial space exclusively to  persons  fifty-five years of age or older and the spouse of any such person, or to the restriction of  the  sale,  rental  or  lease  of  any 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, gender identity or expression, military status,  age,  sex, disability,  marital  status, lawful source of income 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, gender identity or expression, military status, sex, marital status, or familial 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  or the  wearing  of any attire, clothing, or facial hair 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  boycott  or  blacklist,  or  to refuse to buy from, sell to or trade with, or otherwise discriminate against any person, because of the race, creed, color, national origin, sexual orientation,  gender  identity  or expression,  military  status,  sex,  disability, or familial status, of such person,  or  of  such  person's  partners,  members,  stockholders, 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. In addition to reasonable modifications in policies, practices, or procedures, including those defined in subparagraph  (iv)  of  paragraph (d)  of subdivision two of this section or reasonable accommodations for persons  with  disabilities  as  otherwise  provided  in  this  section, including  the  use of an animal as a reasonable accommodation, it shall be an unlawful discriminatory practice for any  person  engaged  in  any activity  covered  by  this  section  to  deny  access  or  otherwise to discriminate against a blind person, a person who is  deaf  or  hard  of hearing  or  a  person  with  another  disability  because  he or she is accompanied by a dog that has been trained to work or  perform  specific  tasks  for  the  benefit  of  such  person  by a professional guide dog, hearing dog or service dog training center or  professional  guide  dog, hearing  dog  or  service  dog  trainer, or to discriminate against such professional  guide  dog,  hearing dog or service dog trainer engaged in such training of a dog for use by a person with a disability, whether or not accompanied by the person for whom the dog is being trained.   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 an order adjourning the criminal action in contemplation of dismissal, pursuant to section 170.55, 170.56,  210.46, 210.47,  or  215.10  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 160.59 or 160.58  of  the criminal  procedure  law,  in  connection  with  the licensing, housing, employment, including volunteer positions, 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 an order  adjourning the  criminal  action in contemplation of dismissal, pursuant to section 170.55 or 170.56, 210.46, 210.47 or 215.10  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  or  160.59 of the criminal procedure law. An individual required or requested to provide information in violation of this subdivision may respond as if the arrest, criminal accusation, or  disposition  of  such arrest  or  criminal  accusation  did  not occur. 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 or 160.59 of the criminal procedure law. For purposes  of this subdivision, an action which has been adjourned in contemplation of dismissal,  pursuant  to  section  170.55  or  170.56, 210.46, 210.47 or 215.10 of the criminal procedure law, shall not be considered a  pending action,  unless  the  order  to adjourn in contemplation of dismissal is revoked  and  the  case  is  restored  to  the  calendar   for   further prosecution.   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, including the use of an animal as a reasonable accommodation to  alleviate  symptoms  or  effects  of  a  disability,  and  including reasonable modification to common use portions of the 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.   21. 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.   22. (a) It  shall  be  an  unlawful  discriminatory  practice  for  an employer  or  licensing  agency, because of any individual's status as a victim of domestic violence, to refuse to hire or employ or  license  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) It shall be an unlawful discriminatory practice for an 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 status as a victim  of domestic   violence,   or  any  intent  to  make  any  such  limitation, specification or discrimination; provided, however, that no provision of this subdivision shall be construed to prohibit the employer from making  any inquiry or  obtaining  information  for  the  purpose  of  providing assistance  to,  or  a  reasonable  accommodation in accordance with the provisions of this subdivision to, a victim of domestic violence.  (c)(1) It shall be an unlawful discriminatory practice for an employer to  refuse  to  provide a reasonable accommodation to an employee who is known by the employer to be a victim of domestic  violence,  limited  to those  accommodations  set  forth in subparagraph two of this paragraph, when such employee must be absent  from  work  for  a  reasonable  time, unless such absence would cause an undue hardship to the employer as set forth  in  subparagraph  three of this paragraph, provided, however that the employer may require an employee to charge any time off pursuant  to this  section  against  any  leave  with  pay  ordinarily granted, where available, unless otherwise provided  for  in  a  collective  bargaining agreement  or existing employee handbook or policy, and any such absence that cannot be charged may be treated as leave without pay. An  employee who must be absent from work in accordance with subparagraph two of this paragraph  shall be entitled to the continuation of any health insurance coverage provided by the employer, to which the  employee  is  otherwise entitled during any such absence.  (2)  An  employer is required to provide a reasonable accommodation to an employee who is a victim of domestic violence who must be absent from work for a  reasonable  time,  in  accordance  with  the  provisions  of subparagraph one of this paragraph, limited to the following:  (i) Seeking medical attention for injuries caused by domestic violence including  for  a  child  who is a victim of domestic violence, provided that the employee is  not  the  perpetrator  of  the  domestic  violence against the child; or  (ii)  Obtaining services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence; or  (iii) Obtaining psychological counseling related  to  an  incident  or incidents of domestic violence, including for a child who is a victim of domestic  violence, provided that the employee is not the perpetrator of the domestic violence against the child; or  (iv) Participating in safety planning  and  taking  other  actions  to increase  safety  from  future incidents of domestic violence, including temporary or permanent relocation; or  (v) Obtaining legal services, assisting  in  the  prosecution  of  the offense,  or appearing in court in relation to the incident or incidents of domestic violence.  (3) An employer is required to provide a reasonable accommodation  for an employee's absence in accordance with the provisions of subparagraphs one  and  two of this paragraph unless the employer can demonstrate that the employee's  absence  would  constitute  an  undue  hardship  to  the employer.  A determination of whether such an absence will constitute an undue hardship shall include consideration of factors such as:  (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; and  (ii)  The  type  of  operation  in  which  the  business,  program  or enterprise  is  engaged,  including the composition and structure of the workforce.  (4) An employee who must be absent from work in  accordance  with  the provisions  of  subparagraph  one  of  this  paragraph shall provide the employer with reasonable  advance  notice  of  the  employee's  absence, unless such advance notice is not feasible.  (5)  An  employee  who must be absent from work in accordance with the provisions of subparagraph one of this paragraph and who cannot feasibly give reasonable  advance  notice  of  the  absence  in  accordance  with  subparagraph four of this paragraph must, within a reasonable time after the  absence,  provide a certification to the employer when requested by the employer.   Such certification shall be in the form of:  (i)  A  police report indicating that the employee or his or her child was a victim of domestic violence;  (ii) A court order protecting or separating the employee or his or her child from the perpetrator of an act of domestic violence;  (iii) Other evidence from the court or prosecuting attorney  that  the employee appeared in court; or  (iv)  Documentation  from  a  medical  professional, domestic violence advocate, health care provider, or counselor that the employee or his or her child was undergoing counseling or treatment for physical or  mental injuries  or  abuse  resulting  in victimization from an act of domestic violence.  (6) Where an employee has a physical or  mental  disability  resulting from  an  incident  or  series  of  incidents of domestic violence, such employee shall be treated in the same manner as  an  employee  with  any other  disability,  pursuant  to  the  provisions  of this section which provide  that  discrimination  and   refusal   to   provide   reasonable accommodation of disability are unlawful discriminatory practices.  (d)  To  the  extent  allowed  by  law,  employers  shall maintain the confidentiality of any information regarding an employee's status  as  a victim of domestic violence.