2023 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, citizenship or immigration
status, 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, citizenship or
immigration status, 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,  in receiving, classifying, disposing or otherwise acting upon
applications for its services or in referring an applicant or applicants
to an employer or employers.
(c) For a labor organization, because of the age, race, creed,  color,
national  origin, citizenship or immigration status, sexual orientation,
gender  identity  or  expression,  military  status,  sex,   disability,
predisposing  genetic  characteristics, familial status, marital status,
or status as a victim  of  domestic  violence,  of  any  individual,  to
exclude   or  to  expel  from  its  membership  such  individual  or  to
discriminate in any way against  any  of  its  members  or  against  any
employer or any individual employed by an employer.
(d)  For  any  employer  or employment agency to print or circulate or
cause to be  printed  or  circulated  any  statement,  advertisement  or
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,  citizenship  or
immigration status, 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,  or  any  intent to make any such limitation, specification or
discrimination,   unless   based   upon   a   bona   fide   occupational
qualification;  provided,  however,  that neither this paragraph nor any
provision of this chapter or other law shall be  construed  to  prohibit
the  department  of  civil service or the department of personnel of any
city containing more than one county from  requesting  information  from
applicants   for  civil  service  examinations  concerning  any  of  the
aforementioned characteristics, other than sexual orientation,  for  the
purpose  of conducting studies to identify and resolve possible problems
in recruitment and testing of members of minority groups to  ensure  the
fairest  possible  and  equal  opportunities for employment in the civil
service for all persons, regardless of age, race, creed, color, national
origin, citizenship or immigration status, sexual orientation or  gender
identity  or  expression, military status, sex, disability, predisposing
genetic characteristics, familial status, or marital status.
(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, citizenship or
immigration status, sexual orientation, gender identity  or  expression,
military  status, sex, disability, predisposing genetic characteristics,
familial  status,  marital  status,  status  as  a  victim  of  domestic
violence,  or because the individual has opposed any practices forbidden
under this article or because the  individual  has  filed  a  complaint,
testified  or  assisted in any proceeding under this article, regardless
of whether such harassment would be considered severe or pervasive under
precedent applied to harassment claims. Such harassment is  an  unlawful
discriminatory  practice  when  it  subjects  an  individual to inferior
terms,  conditions  or  privileges  of   employment   because   of   the
individual's  membership  in  one or more of these protected categories.
The fact that such  individual  did  not  make  a  complaint  about  the
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,  citizenship  or  immigration  status,  sexual
orientation,  gender  identity or expression, military status, sex, age,
disability, familial status, marital status, or status as  a  victim  of
domestic  violence,  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, citizenship or immigration status, sexual  orientation,
gender  identity  or  expression, military status, sex, age, disability,
familial status, marital status, or  status  as  a  victim  of  domestic
violence;
(d)  To  print  or  circulate or cause to be printed or circulated any
statement,  advertisement  or  publication,  or  to  use  any  form   of
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, citizenship or immigration status,  sexual  orientation,  gender
identity  or expression, military status, sex, age, disability, familial
status, marital status, or status as a victim of domestic  violence,  or

any   intention   to   make   any   such  limitation,  specification  or
discrimination, unless based on a bona fide occupational qualification.
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, citizenship or
immigration status, sexual orientation, gender identity  or  expression,
military  status, sex, disability, marital status, or status as a victim
of domestic violence, of any person, directly or indirectly, to  refuse,
withhold  from  or  deny  to  such  person  any  of  the accommodations,
advantages, facilities or privileges thereof, including the extension of
credit, or,  directly  or  indirectly,  to  publish,  circulate,  issue,
display,  post  or  mail any written or printed communication, notice or
advertisement, to the effect that any of the accommodations, advantages,
facilities and privileges of any such place shall be  refused,  withheld
from  or denied to any person on account of race, creed, color, national
origin, citizenship or immigration status,  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,
citizenship or immigration status, sexual orientation,  gender  identity
or  expression,  military  status,  sex  or  marital status, or having a
disability is unwelcome, objectionable or  not  acceptable,  desired  or
solicited.
(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,
citizenship or immigration status, sexual orientation,  gender  identity
or  expression,  military  status, age, sex, marital status, status as a
victim of domestic violence, lawful source of income or familial  status
of   such   person   or  persons,  or  to  represent  that  any  housing
accommodation or land is not available for inspection, sale,  rental  or
lease when in fact it is so available.
(b)  To  discriminate  against  any person because of his or her race,
creed, color, disability, national origin,  citizenship  or  immigration
status,  sexual  orientation,  gender  identity  or expression, military
status, age, sex,  marital  status,  status  as  a  victim  of  domestic
violence,  lawful  source  of  income  or  familial status in the terms,
conditions or privileges of any publicly-assisted housing 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,
citizenship or immigration status, sexual orientation,  gender  identity
or  expression,  membership  in  the  reserve armed forces of the United
States or in the organized militia  of  the  state,  age,  sex,  marital
status, status as a victim of domestic violence, lawful source of income
or   familial   status  of  a  person  seeking  to  rent  or  lease  any
publicly-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, citizenship
or  immigration  status,  sexual   orientation,   gender   identity   or
expression,  military  status,  sex,  age,  disability,  marital status,
status as a victim of domestic violence,  lawful  source  of  income  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.
(d)  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.
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,
citizenship  or  immigration status, sexual orientation, gender identity
or expression, military status, sex, disability, marital status,  status
as  a  victim  of domestic violence, or familial status of the owners or
occupants in the block, neighborhood or area in which the real  property
is  located,  and to represent, directly or indirectly, that this change
will  or  may  result  in  undesirable  consequences   in   the   block,
neighborhood  or  area  in which the real property is located, including
but not limited to the lowering  of  property  values,  an  increase  in

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,
citizenship  or  immigration status, sexual orientation, gender identity
or expression, military status, sex, age, marital status, or status as a
victim of domestic violence, except  that  any  such  institution  which
establishes  or  maintains  a  policy  of  educating  persons of one sex
exclusively may admit students of only one sex.
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, citizenship or immigration
status, sexual orientation,  gender  identity  or  expression,  military
status,  sex,  age,  disability,  marital  status, status as a victim of
domestic violence, lawful source of income or familial  status  of  such
person  or  persons,  or  to represent that any housing accommodation or
land is not available for inspection, sale, rental or lease when in fact
it is so available.
(2) To discriminate against any person because of race, creed,  color,
national  origin, citizenship or immigration status, sexual orientation,
gender identity or expression, military status,  sex,  age,  disability,
marital  status,  status as a victim of domestic violence, lawful source
of income 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, citizenship
or  immigration  status,  sexual   orientation,   gender   identity   or
expression,  military  status,  sex,  age,  disability,  marital status,
status as a victim of domestic violence,  lawful  source  of  income  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,  citizenship  or  immigration
status,  sexual  orientation,  gender  identity  or expression, military
status, sex, age, disability, marital status,  status  as  a  victim  of
domestic  violence,  or familial status of such person or persons, or to
represent that any housing accommodation or land is  not  available  for
inspection, sale, rental or lease when in fact it is so available;
(2)  To discriminate against any person because of race, creed, color,
national origin, citizenship or immigration status, sexual  orientation,
gender  identity  or  expression, military status, sex, age, disability,
marital status, status as a victim of  domestic  violence,  or  familial
status  in  the  terms,  conditions or privileges of the sale, rental or
lease of any such land or commercial space;  or  in  the  furnishing  of
facilities or services in connection therewith;
(3)  To  print  or  circulate or cause to be printed or circulated any
statement,  advertisement  or  publication,  or  to  use  any  form   of
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, citizenship
or  immigration  status,  sexual   orientation,   gender   identity   or
expression,  military  status,  sex,  age,  disability,  marital status,
status as a victim of domestic violence,  or  familial  status;  or  any
intent to make any such limitation, specification or discrimination.
(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,  citizenship  or  immigration
status,  sexual  orientation,  gender  identity  or expression, military
status, sex, age, disability, marital status,  status  as  a  victim  of
domestic  violence,  lawful  source of income or familial status of such
person or persons, or to represent that any housing accommodation,  land
or  commercial  space  is  not available for inspection, sale, rental or
lease when in fact it is so available, or otherwise to deny or  withhold
any housing accommodation, land or commercial space or any facilities of
any  housing  accommodation, land or commercial space from any person or
group of persons because of the race,  creed,  color,  national  origin,
citizenship  or  immigration status, sexual orientation, gender identity
or expression, military status, sex, 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,  citizenship  or  immigration
status,  sexual  orientation,  gender  identity  or expression, military
status, sex, age, disability, marital status,  status  as  a  victim  of
domestic  violence,  lawful  source of income 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,
citizenship or immigration status, sexual orientation,  gender  identity
or  expression,  military  status, age, sex, disability, marital status,
status as a victim of domestic violence,  lawful  source  of  income  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.
Retaliation may include, but is not limited to, disclosing an employee's
personnel files 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, except where such
disclosure is made in the  course  of  commencing  or  responding  to  a
complaint  in  any  proceeding  under this article or any other civil or
criminal action  or  other  judicial  or  administrative  proceeding  as
permitted by applicable law.
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, citizenship or immigration status,
sexual orientation, gender identity or expression, military status, sex,

marital status, status as a victim of  domestic  violence,  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, citizenship or immigration status, sexual
orientation, gender identity or expression, military status, sex, status
as a victim of domestic violence, disability, or familial status, or  of
such  person,  or  of  such  person's  partners,  members, stockholders,
directors,  officers,  managers,  superintendents,  agents,   employees,
business  associates,  suppliers  or  customers,  or (ii) for any person
wilfully to do any act or refrain from doing any act which  enables  any
such person to take such action. This subdivision shall not apply to:
(a) Boycotts connected with labor disputes; or
(b) Boycotts to protest unlawful discriminatory practices.
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.
* NB Effective until November 16, 2024
* 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, or by a conviction which is sealed  pursuant  to
section  160.57  of  the  criminal  procedure  law,  except  where  such
conviction record is accessed pursuant to subparagraph (vii), (viii), or
(xvi) of paragraph (d) of subdivision  one  of  section  160.57  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, or by a conviction which
is  sealed  pursuant  to  section  160.57 of the criminal procedure law,
except where such conviction record is accessed pursuant to subparagraph
(vii), (viii), or (xvi) of paragraph (d) of subdivision one  of  section
160.57  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,  or  by  a
conviction  which  is  sealed pursuant to section 160.57 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.
* NB Effective November 16, 2024
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.