§ 296 — Unlawful discriminatory practices

New York § 296

• Jurisdiction: New York
• Law EXC: Executive
• Art. 15: Human Rights Law

Text

§ 296. Unlawful discriminatory practices. 1. It shall be an unlawful\ndiscriminatory practice:\n (a) For an employer or licensing agency, because of an individual's\nage, race, creed, color, national origin, citizenship or immigration\nstatus, sexual orientation, gender identity or expression, military\nstatus, sex, disability, predisposing genetic characteristics, familial\nstatus, marital status, or status as a victim of domestic violence, to\nrefuse to hire or employ or to bar or to discharge from employment such\nindividual or to discriminate against such individual in compensation or\nin terms, conditions or privileges of employment.\n (b) For an employment agency to discriminate against any individual\nbecause of age, race, creed, color, national origin, citizenship or\nimmigration status, sexual orientation, gender identity or expression,\nmilitary status, sex, disability, predisposing genetic characteristics,\nfamilial status, marital status, or status as a victim of domestic\nviolence, in receiving, classifying, disposing or otherwise acting upon\napplications for its services or in referring an applicant or applicants\nto an employer or employers.\n (c) For a labor organization, because of the age, race, creed, color,\nnational origin, citizenship or immigration status, sexual orientation,\ngender identity or expression, military status, sex, disability,\npredisposing genetic characteristics, familial status, marital status,\nor status as a victim of domestic violence, of any individual, to\nexclude or to expel from its membership such individual or to\ndiscriminate in any way against any of its members or against any\nemployer or any individual employed by an employer.\n (d) For any employer or employment agency to print or circulate or\ncause to be printed or circulated any statement, advertisement or\npublication, or to use any form of application for employment or to make\nany inquiry in connection with prospective employment, which expresses\ndirectly or indirectly, any limitation, specification or discrimination\nas to age, race, creed, color, national origin, citizenship or\nimmigration status, sexual orientation, gender identity or expression,\nmilitary status, sex, disability, predisposing genetic characteristics,\nfamilial status, marital status, or status as a victim of domestic\nviolence, or any intent to make any such limitation, specification or\ndiscrimination, unless based upon a bona fide occupational\nqualification; provided, however, that neither this paragraph nor any\nprovision of this chapter or other law shall be construed to prohibit\nthe department of civil service or the department of personnel of any\ncity containing more than one county from requesting information from\napplicants for civil service examinations concerning any of the\naforementioned characteristics, other than sexual orientation, for the\npurpose of conducting studies to identify and resolve possible problems\nin recruitment and testing of members of minority groups to ensure the\nfairest possible and equal opportunities for employment in the civil\nservice for all persons, regardless of age, race, creed, color, national\norigin, citizenship or immigration status, sexual orientation or gender\nidentity or expression, military status, sex, disability, predisposing\ngenetic characteristics, familial status, or marital status.\n (e) For any employer, labor organization or employment agency to\ndischarge, expel or otherwise discriminate against any person because he\nor she has opposed any practices forbidden under this article or because\nhe or she has filed a complaint, testified or assisted in any proceeding\nunder this article.\n (f) Nothing in this subdivision shall affect any restrictions upon the\nactivities of persons licensed by the state liquor authority with\nrespect to persons under twenty-one years of age.\n (g) For an employer to compel an employee who is pregnant to take a\nleave of absence, unless the employee is prevented by such pregnancy\nfrom performing the activities involved in the job or occupation in a\nreasonable manner.\n (h) For an employer, licensing agency, employment agency or labor\norganization to subject any individual to harassment because of an\nindividual's age, race, creed, color, national origin, citizenship or\nimmigration status, sexual orientation, gender identity or expression,\nmilitary status, sex, disability, predisposing genetic characteristics,\nfamilial status, marital status, status as a victim of domestic\nviolence, or because the individual has opposed any practices forbidden\nunder this article or because the individual has filed a complaint,\ntestified or assisted in any proceeding under this article, regardless\nof whether such harassment would be considered severe or pervasive under\nprecedent applied to harassment claims. Such harassment is an unlawful\ndiscriminatory practice when it subjects an individual to inferior\nterms, conditions or privileges of employment because of the\nindividual's membership in one or more of these protected categories.\nThe fact that such individual did not make a complaint about the\nharassment to such employer, licensing agency, employment agency or\nlabor organization shall not be determinative of whether such employer,\nlicensing agency, employment agency or labor organization shall be\nliable. Nothing in this section shall imply that an employee must\ndemonstrate the existence of an individual to whom the employee's\ntreatment must be compared. It shall be an affirmative defense to\nliability under this subdivision that the harassing conduct does not\nrise above the level of what a reasonable victim of discrimination with\nthe same protected characteristic or characteristics would consider\npetty slights or trivial inconveniences.\n 1-a. It shall be an unlawful discriminatory practice for an employer,\nlabor organization, employment agency or any joint labor-management\ncommittee controlling apprentice training programs:\n (a) To select persons for an apprentice training program registered\nwith the state of New York on any basis other than their qualifications,\nas determined by objective criteria which permit review;\n (b) To deny to or withhold from any person because of race, creed,\ncolor, national origin, citizenship or immigration status, sexual\norientation, gender identity or expression, military status, sex, age,\ndisability, familial status, marital status, or status as a victim of\ndomestic violence, the right to be admitted to or participate in a\nguidance program, an apprenticeship training program, on-the-job\ntraining program, executive training program, or other occupational\ntraining or retraining program;\n (c) To discriminate against any person in his or her pursuit of such\nprograms or to discriminate against such a person in the terms,\nconditions or privileges of such programs because of race, creed, color,\nnational origin, citizenship or immigration status, sexual orientation,\ngender identity or expression, military status, sex, age, disability,\nfamilial status, marital status, or status as a victim of domestic\nviolence;\n (d) To print or circulate or cause to be printed or circulated any\nstatement, advertisement or publication, or to use any form of\napplication for such programs or to make any inquiry in connection with\nsuch program which expresses, directly or indirectly, any limitation,\nspecification or discrimination as to race, creed, color, national\norigin, citizenship or immigration status, sexual orientation, gender\nidentity or expression, military status, sex, age, disability, familial\nstatus, marital status, or status as a victim of domestic violence, or\nany intention to make any such limitation, specification or\ndiscrimination, unless based on a bona fide occupational qualification.\n 2. (a) It shall be an unlawful discriminatory practice for any person,\nbeing the owner, lessee, proprietor, manager, superintendent, agent or\nemployee of any place of public accommodation, resort or amusement,\nbecause of the race, creed, color, national origin, citizenship or\nimmigration status, sexual orientation, gender identity or expression,\nmilitary status, sex, disability, marital status, or status as a victim\nof domestic violence, of any person, directly or indirectly, to refuse,\nwithhold from or deny to such person any of the accommodations,\nadvantages, facilities or privileges thereof, including the extension of\ncredit, or, directly or indirectly, to publish, circulate, issue,\ndisplay, post or mail any written or printed communication, notice or\nadvertisement, to the effect that any of the accommodations, advantages,\nfacilities and privileges of any such place shall be refused, withheld\nfrom or denied to any person on account of race, creed, color, national\norigin, citizenship or immigration status, sexual orientation, gender\nidentity or expression, military status, sex, disability or marital\nstatus, or that the patronage or custom thereat of any person of or\npurporting to be of any particular race, creed, color, national origin,\ncitizenship or immigration status, sexual orientation, gender identity\nor expression, military status, sex or marital status, or having a\ndisability is unwelcome, objectionable or not acceptable, desired or\nsolicited.\n (b) Nothing in this subdivision shall be construed to prevent the\nbarring of any person, because of the sex of such person, from places of\npublic accommodation, resort or amusement if the division grants an\nexemption based on bona fide considerations of public policy; nor shall\nthis subdivision apply to the rental of rooms in a housing accommodation\nwhich restricts such rental to individuals of one sex.\n (c) For the purposes of paragraph (a) of this subdivision,\n"discriminatory practice" includes:\n (i) a refusal to make reasonable modifications in policies, practices,\nor procedures, when such modifications are necessary to afford\nfacilities, privileges, advantages or accommodations to individuals with\ndisabilities, unless such person can demonstrate that making such\nmodifications would fundamentally alter the nature of such facilities,\nprivileges, advantages or accommodations;\n (ii) a refusal to take such steps as may be necessary to ensure that\nno individual with a disability is excluded or denied services because\nof the absence of auxiliary aids and services, unless such person can\ndemonstrate that taking such steps would fundamentally alter the nature\nof the facility, privilege, advantage or accommodation being offered or\nwould result in an undue burden;\n (iii) a refusal to remove architectural barriers, and communication\nbarriers that are structural in nature, in existing facilities, and\ntransportation barriers in existing vehicles and rail passenger cars\nused by an establishment for transporting individuals (not including\nbarriers that can only be removed through the retrofitting of vehicles\nor rail passenger cars by the installation of a hydraulic or other\nlift), where such removal is readily achievable;\n (iv) where such person is a local or state government entity, a\nrefusal to remove architectural barriers, and communication barriers\nthat are structural in nature, in existing facilities, and\ntransportation barriers in existing vehicles and rail passenger cars\nused by an establishment for transporting individuals (not including\nbarriers that can only be removed through the retrofitting of vehicles\nor rail passenger cars by the installation of a hydraulic or other\nlift), where such removal does not constitute an undue burden; except as\nset forth in paragraph (e) of this subdivision; nothing in this section\nwould require a public entity to: necessarily make each of its existing\nfacilities accessible to and usable by individuals with disabilities;\ntake any action that would threaten or destroy the historical\nsignificance of an historic property; or to make structural changes in\nexisting facilities where other methods are effective in achieving\ncompliance with this section; and\n (v) where such person can demonstrate that the removal of a barrier\nunder subparagraph (iii) of this paragraph is not readily achievable, a\nfailure to make such facilities, privileges, advantages or\naccommodations available through alternative methods if such methods are\nreadily achievable.\n (d) For the purposes of this subdivision:\n (i) "Readily achievable" means easily accomplishable and able to be\ncarried out without much difficulty or expense. In determining whether\nan action is readily achievable, factors to be considered include:\n (A) the nature and cost of the action needed under this subdivision;\n (B) the overall financial resources of the facility or facilities\ninvolved in the action; the number of persons employed at such facility;\nthe effect on expenses and resources or the impact otherwise of such\naction upon the operation of the facility;\n (C) the overall financial resources of the place of public\naccommodation, resort or amusement; the overall size of the business of\nsuch a place with respect to the number of its employees; the number,\ntype and location of its facilities; and\n (D) the type of operation or operations of the place of public\naccommodation, resort or amusement, including the composition, structure\nand functions of the workforce of such place; the geographic\nseparateness, administrative or fiscal relationship of the facility or\nfacilities in question to such place.\n (ii) "Auxiliary aids and services" include:\n (A) qualified interpreters or other effective methods of making\naurally delivered materials available to individuals with hearing\nimpairments;\n (B) qualified readers, taped texts or other effective methods of\nmaking visually delivered materials available to individuals with visual\nimpairments;\n (C) acquisition or modification of equipment or devices; and\n (D) other similar services and actions.\n (iii) "Undue burden" means significant difficulty or expense. In\ndetermining whether an action would result in an undue burden, factors\nto be considered shall include:\n (A) The nature and cost of the action needed under this article;\n (B) The overall financial resources of the site or sites involved in\nthe action; the number of persons employed at the site; the effect on\nexpenses and resources; legitimate safety requirements that are\nnecessary for safe operation, including crime prevention measures; or\nthe impact otherwise of the action upon the operation of the site;\n (C) The geographic separateness, and the administrative or fiscal\nrelationship of the site or sites in question to any parent corporation\nor entity;\n (D) If applicable, the overall financial resources of any parent\ncorporation or entity; the overall size of the parent corporation or\nentity with respect to the number of its employees; the number, type,\nand location of its facilities; and\n (E) If applicable, the type of operation or operations of any parent\ncorporation or entity, including the composition, structure, and\nfunctions of the workforce of the parent corporation or entity.\n (iv) "Reasonable modifications in policies, practices, procedures"\nincludes modification to permit the use of a service animal by a person\nwith a disability, consistent with federal regulations implementing the\nAmericans with Disabilities Act, Title III, at 28 CFR 36.302(c).\n (e) Paragraphs (c) and (d) of this subdivision do not apply to any air\ncarrier, the National Railroad Passenger Corporation, or public\ntransportation facilities, vehicles or services owned, leased or\noperated by the state, a county, city, town or village, or any agency\nthereof, or by any public benefit corporation or authority.\n 2-a. It shall be an unlawful discriminatory practice for the owner,\nlessee, sub-lessee, assignee, or managing agent of publicly-assisted\nhousing accommodations or other person having the right of ownership or\npossession of or the right to rent or lease such accommodations:\n (a) To refuse to sell, rent or lease or otherwise to deny to or\nwithhold from any person or group of persons such housing accommodations\nbecause of the race, creed, color, disability, national origin,\ncitizenship or immigration status, sexual orientation, gender identity\nor expression, military status, age, sex, marital status, status as a\nvictim of domestic violence, lawful source of income or familial status\nof such person or persons, or to represent that any housing\naccommodation or land is not available for inspection, sale, rental or\nlease when in fact it is so available.\n (b) To discriminate against any person because of his or her race,\ncreed, color, disability, national origin, citizenship or immigration\nstatus, sexual orientation, gender identity or expression, military\nstatus, age, sex, marital status, status as a victim of domestic\nviolence, lawful source of income or familial status in the terms,\nconditions or privileges of any publicly-assisted housing accommodations\nor in the furnishing of facilities or services in connection therewith.\n (c) To cause to be made any written or oral inquiry or record\nconcerning the race, creed, color, disability, national origin,\ncitizenship or immigration status, sexual orientation, gender identity\nor expression, membership in the reserve armed forces of the United\nStates or in the organized militia of the state, age, sex, marital\nstatus, status as a victim of domestic violence, lawful source of income\nor familial status of a person seeking to rent or lease any\npublicly-assisted housing accommodation; provided, however, that nothing\nin this subdivision shall prohibit a member of the reserve armed forces\nof the United States or in the organized militia of the state from\nvoluntarily disclosing such membership.\n (c-1) To print or circulate or cause to be printed or circulated any\nstatement, advertisement or publication, or to use any form of\napplication for the purchase, rental or lease of such housing\naccommodation or to make any record or inquiry in connection with the\nprospective purchase, rental or lease of such a housing accommodation\nwhich expresses, directly or indirectly, any limitation, specification\nor discrimination as to race, creed, color, national origin, citizenship\nor immigration status, sexual orientation, gender identity or\nexpression, military status, sex, age, disability, marital status,\nstatus as a victim of domestic violence, lawful source of income or\nfamilial status, or any intent to make any such limitation,\nspecification or discrimination.\n (d) (1) To refuse to permit, at the expense of the person with a\ndisability, reasonable modifications of existing premises occupied or to\nbe occupied by the said person, if the modifications may be necessary to\nafford the said person full enjoyment of the premises, in conformity\nwith the provisions of the New York state uniform fire prevention and\nbuilding code, except that, in the case of a rental, the landlord may,\nwhere it is reasonable to do so, condition permission for a modification\non the renter's agreeing to restore the interior of the premises to the\ncondition that existed before the modification, reasonable wear and tear\nexcepted.\n (2) To refuse to make reasonable accommodations in rules, policies,\npractices, or services, when such accommodations may be necessary to\nafford a person with a disability equal opportunity to use and enjoy a\ndwelling, including the use of an animal as a reasonable accommodation\nto alleviate symptoms or effects of a disability, and including\nreasonable modification to common use portions of the dwelling, or\n (3) In connection with the design and construction of covered\nmulti-family dwellings for first occupancy after March thirteenth,\nnineteen hundred ninety-one, a failure to design and construct dwellings\nin accordance with the accessibility requirements of the New York state\nuniform fire prevention and building code, to provide that:\n (i) The public use and common use portions of the dwellings are\nreadily accessible to and usable by disabled persons with disabilities;\n (ii) All the doors are designed in accordance with the New York state\nuniform fire prevention and building code to allow passage into and\nwithin all premises and are sufficiently wide to allow passage by\npersons in wheelchairs; and\n (iii) All premises within covered multi-family dwelling units contain\nan accessible route into and through the dwelling; light switches,\nelectrical outlets, thermostats, and other environmental controls are in\naccessible locations; there are reinforcements in the bathroom walls to\nallow later installation of grab bars; and there are usable kitchens and\nbathrooms such that an individual in a wheelchair can maneuver about the\nspace, in conformity with the New York state uniform fire prevention and\nbuilding code.\n (e) Nothing in this subdivision shall restrict the consideration of\nage in the rental of publicly-assisted housing accommodations if the\ndivision grants an exemption based on bona fide considerations of public\npolicy for the purpose of providing for the special needs of a\nparticular age group without the intent of prejudicing other age groups.\n (f) Nothing in this subdivision shall be deemed to restrict the rental\nof rooms in school or college dormitories to individuals of the same\nsex.\n 3. (a) It shall be an unlawful discriminatory practice for an\nemployer, licensing agency, employment agency or labor organization to\nrefuse to provide reasonable accommodations to the known disabilities,\nor pregnancy-related conditions, of an employee, prospective employee or\nmember in connection with a job or occupation sought or held or\nparticipation in a training program.\n (b) Nothing contained in this subdivision shall be construed to\nrequire provision of accommodations which can be demonstrated to impose\nan undue hardship on the operation of an employer's, licensing agency's,\nemployment agency's or labor organization's business, program or\nenterprise.\n In making such a demonstration with regard to undue hardship the\nfactors to be considered include:\n (i) The overall size of the business, program or enterprise with\nrespect to the number of employees, number and type of facilities, and\nsize of budget;\n (ii) The type of operation which the business, program or enterprise\nis engaged in, including the composition and structure of the workforce;\nand\n (iii) The nature and cost of the accommodation needed.\n (c) Nothing in this subdivision regarding "reasonable accommodation"\nor in the chapter of the laws of two thousand fifteen which added this\nparagraph shall alter, diminish, increase, or create new or additional\nrequirements to accommodate protected classes pursuant to this article\nother than the additional requirements as explicitly set forth in such\nchapter of the laws of two thousand fifteen.\n (d) The employee must cooperate in providing medical or other\ninformation that is necessary to verify the existence of the disability\nor pregnancy-related condition, or that is necessary for consideration\nof the accommodation. The employee has a right to have such medical\ninformation kept confidential.\n 3-a. It shall be an unlawful discriminatory practice:\n (a) For an employer or licensing agency to refuse to hire or employ or\nlicense or to bar or to terminate from employment an individual eighteen\nyears of age or older, or to discriminate against such individual in\npromotion, compensation or in terms, conditions, or privileges of\nemployment, because of such individual's age.\n (b) For any employer, licensing agency or employment agency to print\nor circulate or cause to be printed or circulated any statement,\nadvertisement or publication, or to use any form of application for\nemployment or to make any inquiry in connection with prospective\nemployment, which expresses, directly or indirectly, any limitation,\nspecification or discrimination on account of age respecting individuals\neighteen years of age or older, or any intent to make any such\nlimitation, specification, or discrimination.\n (c) For any employer, licensing agency or employment agency to\ndischarge or otherwise discriminate against any person because he or she\nhas opposed any practices forbidden under this article or because he or\nshe has filed a complaint, testified or assisted in any proceeding under\nthis article.\n (d) Notwithstanding any other provision of law, no employee shall be\nsubject to termination or retirement from employment on the basis of\nage, except where age is a bona fide occupational qualification\nreasonably necessary to the normal operation of a particular business,\nwhere the differentiation is based on reasonable factors other than age,\nor as otherwise specified in paragraphs (e) and (f) of this subdivision\nor in article fourteen-A of the retirement and social security law.\n (e) Nothing contained in this subdivision or in subdivision one of\nthis section shall be construed to prevent the compulsory retirement of\nany employee who has attained sixty-five years of age, and who, for a\ntwo-year period immediately before retirement, is employed in a bona\nfide executive or a high policymaking position, if such employee is\nentitled to an immediate nonforfeitable annual retirement benefit from a\npension, profit-sharing, savings, or deferred compensation plan, or any\ncombination of such plans, of the employer of such employee, which\nequals, in the aggregate, at least forty-four thousand dollars; provided\nthat for the purposes of this paragraph only, the term "employer"\nincludes any employer as otherwise defined in this article but does not\ninclude (i) the state of New York, (ii) a county, city, town, village or\nany other political subdivision or civil division of the state, (iii) a\nschool district or any other governmental entity operating a public\nschool, college or university, (iv) a public improvement or special\ndistrict, (v) a public authority, commission or public benefit\ncorporation, or (vi) any other public corporation, agency,\ninstrumentality or unit of government which exercises governmental power\nunder the laws of the state. In applying the retirement benefit test of\nthis paragraph, if any such retirement benefit is in a form other than a\nstraight life annuity with no ancillary benefits, or if employees\ncontribute to any such plan or make rollover contributions, such benefit\nshall be adjusted in accordance with rules and regulations promulgated\nby the division, after an opportunity for public hearing, so that the\nbenefit is the equivalent of a straight life annuity with no ancillary\nbenefits under a plan to which employees do not contribute and under\nwhich no rollover contributions are made.\n (f) Nothing contained in this subdivision, in subdivision one of this\nsection or in article fourteen-A of the retirement and social security\nlaw shall be construed to prevent the compulsory retirement of any\nemployee who has attained seventy years of age and is serving under a\ncontract for unlimited tenure, or a similar arrangement providing for\nunlimited tenure, at a nonpublic institution of higher education. For\npurposes of such subdivisions or article, the term "institution of\nhigher education" means an educational institution which (i) admits as\nregular students only persons having a certificate of graduation from a\nschool providing secondary education, or the recognized equivalent of\nsuch a certificate, (ii) is lawfully authorized to provide a program of\neducation beyond secondary education, and (iii) provides an educational\nprogram for which it awards a bachelor's degree or provides not less\nthan a two-year program which is acceptable for full credit toward such\na degree.\n (g) In the event of a conflict between the provisions of this\nsubdivision and the provisions of article fourteen-A of the retirement\nand social security law, the provisions of article fourteen-A of such\nlaw shall be controlling.\n But nothing contained in this subdivision, in subdivision one of this\nsection or in article fourteen-A of the retirement and social security\nlaw shall be construed to prevent the termination of the employment of\nany person who, even upon the provision of reasonable accommodations, is\nphysically unable to perform his or her duties or to affect the\nretirement policy or system of any employer where such policy or system\nis not merely a subterfuge to evade the purposes of said subdivisions or\nsaid article; nor shall anything in such subdivisions or such article be\ndeemed to preclude the varying of insurance coverages according to an\nemployee's age.\n The provisions of this subdivision shall not affect any restriction\nupon the activities of persons licensed by the state liquor authority\nwith respect to persons under twenty-one years of age.\n 3-b. It shall be an unlawful discriminatory practice for any real\nestate broker, real estate salesperson or employee or agent thereof or\nany other individual, corporation, partnership or organization for the\npurpose of inducing a real estate transaction from which any such person\nor any of its stockholders or members may benefit financially, to\nrepresent that a change has occurred or will or may occur in the\ncomposition with respect to race, creed, color, national origin,\ncitizenship or immigration status, sexual orientation, gender identity\nor expression, military status, sex, disability, marital status, status\nas a victim of domestic violence, or familial status of the owners or\noccupants in the block, neighborhood or area in which the real property\nis located, and to represent, directly or indirectly, that this change\nwill or may result in undesirable consequences in the block,\nneighborhood or area in which the real property is located, including\nbut not limited to the lowering of property values, an increase in\ncriminal or anti-social behavior, or a decline in the quality of schools\nor other facilities.\n 4. It shall be an unlawful discriminatory practice for an educational\ninstitution to deny the use of its facilities to any person otherwise\nqualified, or to permit the harassment of any student or applicant, by\nreason of his race, color, religion, disability, national origin,\ncitizenship or immigration status, sexual orientation, gender identity\nor expression, military status, sex, age, marital status, or status as a\nvictim of domestic violence, except that any such institution which\nestablishes or maintains a policy of educating persons of one sex\nexclusively may admit students of only one sex.\n 5. (a) It shall be an unlawful discriminatory practice for the owner,\nlessee, sub-lessee, assignee, or managing agent of, or other person\nhaving the right to sell, rent or lease a housing accommodation,\nconstructed or to be constructed, or any agent or employee thereof:\n (1) To refuse to sell, rent, lease or otherwise to deny to or withhold\nfrom any person or group of persons such a housing accommodation because\nof the race, creed, color, national origin, citizenship or immigration\nstatus, sexual orientation, gender identity or expression, military\nstatus, sex, age, disability, marital status, status as a victim of\ndomestic violence, lawful source of income or familial status of such\nperson or persons, or to represent that any housing accommodation or\nland is not available for inspection, sale, rental or lease when in fact\nit is so available.\n (2) To discriminate against any person because of race, creed, color,\nnational origin, citizenship or immigration status, sexual orientation,\ngender identity or expression, military status, sex, age, disability,\nmarital status, status as a victim of domestic violence, lawful source\nof income or familial status in the terms, conditions or privileges of\nthe sale, rental or lease of any such housing accommodation or in the\nfurnishing of facilities or services in connection therewith.\n (3) To print or circulate or cause to be printed or circulated any\nstatement, advertisement or publication, or to use any form of\napplication for the purchase, rental or lease of such housing\naccommodation or to make any record or inquiry in connection with the\nprospective purchase, rental or lease of such a housing accommodation\nwhich expresses, directly or indirectly, any limitation, specification\nor discrimination as to race, creed, color, national origin, citizenship\nor immigration status, sexual orientation, gender identity or\nexpression, military status, sex, age, disability, marital status,\nstatus as a victim of domestic violence, lawful source of income or\nfamilial status, or any intent to make any such limitation,\nspecification or discrimination.\n (4) (i) The provisions of subparagraphs one and two of this paragraph\nshall not apply (1) to the rental of a housing accommodation in a\nbuilding which contains housing accommodations for not more than two\nfamilies living independently of each other, if the owner resides in one\nof such housing accommodations, (2) to the restriction of the rental of\nall rooms in a housing accommodation to individuals of the same sex or\n(3) to the rental of a room or rooms in a housing accommodation, if such\nrental is by the occupant of the housing accommodation or by the owner\nof the housing accommodation and the owner resides in such housing\naccommodation or (4) solely with respect to age and familial status to\nthe restriction of the sale, rental or lease of housing accommodations\nexclusively to persons sixty-two years of age or older and the spouse of\nany such person, or for housing intended and operated for occupancy by\nat least one person fifty-five years of age or older per unit. In\ndetermining whether housing is intended and operated for occupancy by\npersons fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C.\n3607 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended,\nshall apply. However, such rental property shall no longer be exempt\nfrom the provisions of subparagraphs one and two of this paragraph if\nthere is unlawful discriminatory conduct pursuant to subparagraph three\nof this paragraph.\n (ii) The provisions of subparagraphs one, two, and three of this\nparagraph shall not apply (1) to the restriction of the rental of all\nrooms in a housing accommodation to individuals of the same sex, (2) to\nthe rental of a room or rooms in a housing accommodation, if such rental\nis by the occupant of the housing accommodation or by the owner of the\nhousing accommodation and the owner resides in such housing\naccommodation, or (3) solely with respect to age and familial status to\nthe restriction of the sale, rental or lease of housing accommodations\nexclusively to persons sixty-two years of age or older and the spouse of\nany such person, or for housing intended and operated for occupancy by\nat least one person fifty-five years of age or older per unit. In\ndetermining whether housing is intended and operated for occupancy by\npersons fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C.\n3607 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended,\nshall apply.\n (b) It shall be an unlawful discriminatory practice for the owner,\nlessee, sub-lessee, or managing agent of, or other person having the\nright of ownership or possession of or the right to sell, rent or lease,\nland or commercial space:\n (1) To refuse to sell, rent, lease or otherwise deny to or withhold\nfrom any person or group of persons land or commercial space because of\nthe race, creed, color, national origin, citizenship or immigration\nstatus, sexual orientation, gender identity or expression, military\nstatus, sex, age, disability, marital status, status as a victim of\ndomestic violence, or familial status of such person or persons, or to\nrepresent that any housing accommodation or land is not available for\ninspection, sale, rental or lease when in fact it is so available;\n (2) To discriminate against any person because of race, creed, color,\nnational origin, citizenship or immigration status, sexual orientation,\ngender identity or expression, military status, sex, age, disability,\nmarital status, status as a victim of domestic violence, or familial\nstatus in the terms, conditions or privileges of the sale, rental or\nlease of any such land or commercial space; or in the furnishing of\nfacilities or services in connection therewith;\n (3) To print or circulate or cause to be printed or circulated any\nstatement, advertisement or publication, or to use any form of\napplication for the purchase, rental or lease of such land or commercial\nspace or to make any record or inquiry in connection with the\nprospective purchase, rental or lease of such land or commercial space\nwhich expresses, directly or indirectly, any limitation, specification\nor discrimination as to race, creed, color, national origin, citizenship\nor immigration status, sexual orientation, gender identity or\nexpression, military status, sex, age, disability, marital status,\nstatus as a victim of domestic violence, or familial status; or any\nintent to make any such limitation, specification or discrimination.\n (4) With respect to age and familial status, the provisions of this\nparagraph shall not apply to the restriction of the sale, rental or\nlease of land or commercial space exclusively to persons fifty-five\nyears of age or older and the spouse of any such person, or to the\nrestriction of the sale, rental or lease of land to be used for the\nconstruction, or location of housing accommodations exclusively for\npersons sixty-two years of age or older, or intended and operated for\noccupancy by at least one person fifty-five years of age or older per\nunit. In determining whether housing is intended and operated for\noccupancy by persons fifty-five years of age or older, Sec. 807(b) (2)\n(c) (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988,\nas amended, shall apply.\n (c) It shall be an unlawful discriminatory practice for any real\nestate broker, real estate salesperson or employee or agent thereof:\n (1) To refuse to sell, rent or lease any housing accommodation, land\nor commercial space to any person or group of persons or to refuse to\nnegotiate for the sale, rental or lease, of any housing accommodation,\nland or commercial space to any person or group of persons because of\nthe race, creed, color, national origin, citizenship or immigration\nstatus, sexual orientation, gender identity or expression, military\nstatus, sex, age, disability, marital status, status as a victim of\ndomestic violence, lawful source of income or familial status of such\nperson or persons, or to represent that any housing accommodation, land\nor commercial space is not available for inspection, sale, rental or\nlease when in fact it is so available, or otherwise to deny or withhold\nany housing accommodation, land or commercial space or any facilities of\nany housing accommodation, land or commercial space from any person or\ngroup of persons because of the race, creed, color, national origin,\ncitizenship or immigration status, sexual orientation, gender identity\nor expression, military status, sex, age, disability, marital status,\nlawful source of income or familial status of such person or persons.\n (2) To print or circulate or cause to be printed or circulated any\nstatement, advertisement or publication, or to use any form of\napplication for the purchase, rental or lease of any housing\naccommodation, land or commercial space or to make any record or inquiry\nin connection with the prospective purchase, rental or lease of any\nhousing accommodation, land or commercial space which expresses,\ndirectly or indirectly, any limitation, specification, or discrimination\nas to race, creed, color, national origin, citizenship or immigration\nstatus, sexual orientation, gender identity or expression, military\nstatus, sex, age, disability, marital status, status as a victim of\ndomestic violence, lawful source of income or familial status; or any\nintent to make any such limitation, specification or discrimination.\n (3) With respect to age and familial status, the provisions of this\nparagraph shall not apply to the restriction of the sale, rental or\nlease of any housing accommodation, land or commercial space exclusively\nto persons fifty-five years of age or older and the spouse of any such\nperson, or to the restriction of the sale, rental or lease of any\nhousing accommodation or land to be used for the construction or\nlocation of housing accommodations for persons sixty-two years of age or\nolder, or intended and operated for occupancy by at least one person\nfifty-five years of age or older per unit. In determining whether\nhousing is intended and operated for occupancy by persons fifty-five\nyears of age or older, Sec. 807 (b) (2) (c) (42 U.S.C. 3607 (b) (2) (c))\nof the federal Fair Housing Act of 1988, as amended, shall apply.\n (d) It shall be an unlawful discriminatory practice for any real\nestate board, because of the race, creed, color, national origin,\ncitizenship or immigration status, sexual orientation, gender identity\nor expression, military status, age, sex, disability, marital status,\nstatus as a victim of domestic violence, lawful source of income or\nfamilial status of any individual who is otherwise qualified for\nmembership, to exclude or expel such individual from membership, or to\ndiscriminate against such individual in the terms, conditions and\nprivileges of membership in such board.\n (e) It shall be an unlawful discriminatory practice for the owner,\nproprietor or managing agent of, or other person having the right to\nprovide care and services in, a private proprietary nursing home,\nconvalescent home, or home for adults, or an intermediate care facility,\nas defined in section two of the social services law, heretofore\nconstructed, or to be constructed, or any agent or employee thereof, to\nrefuse to provide services and care in such home or facility to any\nindividual or to discriminate against any individual in the terms,\nconditions, and privileges of such services and care solely because such\nindividual is a blind person. For purposes of this paragraph, a "blind\nperson" shall mean a person who is registered as a blind person with the\ncommission for the visually handicapped and who meets the definition of\na "blind person" pursuant to section three of chapter four hundred\nfifteen of the laws of nineteen hundred thirteen entitled "An act to\nestablish a state commission for improving the condition of the blind of\nthe state of New York, and making an appropriation therefor".\n (f) The provisions of this subdivision, as they relate to age, shall\nnot apply to persons under the age of eighteen years.\n (g) It shall be an unlawful discriminatory practice for any person\noffering or providing housing accommodations, land or commercial space\nas described in paragraphs (a), (b), and (c) of this subdivision to make\nor cause to be made any written or oral inquiry or record concerning\nmembership of any person in the state organized militia in relation to\nthe purchase, rental or lease of such housing accommodation, land, or\ncommercial space, provided, however, that nothing in this subdivision\nshall prohibit a member of the state organized militia from voluntarily\ndisclosing such membership.\n (h) It shall be an unlawful discriminatory practice for any person to\ndiscriminate against any individual in making real estate appraisal\nservices available or to base a real estate appraisal, estimate, or\nopinion of value on the race, creed, color, national origin, citizenship\nor immigration status, sexual orientation, gender identity or\nexpression, military status, sex, age, disability, marital status,\nstatus as a victim of domestic violence, lawful source of income, or\nfamilial status of either the prospective owners or occupants of the\nreal property, the present owners or occupants of the real property, or\nthe present owners or occupants of the real properties in the vicinity\nof the property. Nothing in this section shall prohibit a real estate\nappraiser from taking into consideration factors other than race, creed,\ncolor, national origin, citizenship or immigration status, sexual\norientation, gender identity or expression, military status, sex, age,\ndisability, marital status, status as a victim of domestic violence,\nlawful source of income, or familial status.\n * 5-a. (a) For any case alleging housing discrimination under this\narticle, an unlawful discriminatory practice may be established by a\npractice's discriminatory effect, even if such practice was not\nmotivated by a discriminatory intent. The practice may still be lawful\nif supported by a legally sufficient justification, as defined in\nparagraph (c) of this subdivision.\n (b) For the purposes of this subdivision, a practice has a\ndiscriminatory effect where it actually or predictably results in a\ndisparate impact on a group of persons or creates, increases,\nreinforces, or perpetuates segregated housing patterns because of race,\ncreed, color, national origin, citizenship or immigration status, sexual\norientation, gender identity or expression, military status, sex, age,\ndisability, marital status, status as a victim of domestic violence,\nlawful source of income or familial.\n (c) (1) A legally sufficient justification exists where the challenged\npractice:\n (i) is necessary to achieve one or more substantial, legitimate,\nnondiscriminatory interests of the respondent; and\n (ii) those interests could not be served by another practice that has\na less discriminatory effect.\n (2) A legally sufficient justification shall be supported by evidence\nand may not be hypothetical or speculative. The burdens of proof for\nestablishing each of the two elements of a legally sufficient\njustification are set forth in paragraph (d) of this subdivision.\n (d) (1) The complainant shall have the burden of proving that a\nchallenged practice caused or predictably will cause a discriminatory\neffect.\n (2) Once the complainant satisfies the burden of proof set forth in\nsubparagraph one of this paragraph, the respondent shall have the burden\nof proving that the challenged practice is necessary to achieve one or\nmore substantial, legitimate, nondiscriminatory interests of the\nrespondent.\n (3) If the respondent satisfies the burden of proof set forth in\nsubparagraph two of this paragraph, the complainant may still prevail\nupon proving that the substantial, legitimate, nondiscriminatory\ninterests supporting the challenged practice could be served by another\npractice that has a less discriminatory effect.\n (e) A demonstration that a practice is supported by a legally\nsufficient justification, as defined in paragraph (c) of this\nsubdivision, may not be used as a defense against a claim of intentional\ndiscrimination.\n (f) Nothing in this subdivision shall be construed or interpreted as\nlimiting, restricting, overriding, or supplanting any broader\ninterpretation of the discriminatory practices described in this article\nor the availability of liability under this article.\n * NB There are 2 sb 5-a's\n * 5-a. (a) For any case alleging employment discrimination under this\narticle, an unlawful discriminatory practice may be established by a\npractice's discriminatory effect, even if such practice was not\nmotivated by a discriminatory intent. The practice may still be lawful\nif supported by a legally sufficient justification, as defined in\nparagraph (c) of this subdivision.\n (b) For the purposes of this subdivision, a practice has a\ndiscriminatory effect where it actually or predictably results in a\ndisparate impact on a group of persons, because of their membership in a\nclass protected under this section.\n (c) (i) A legally sufficient justification exists where the challenged\npractice:\n (A) is job related for the position in question and consistent with\nbusiness necessity; and\n (B) that the business necessity could not be served by another\npractice that has a less discriminatory effect.\n (ii) A legally sufficient justification shall be supported by evidence\nand may not be hypothetical or speculative. The burdens of proof for\nestablishing each of the two elements of a legally sufficient\njustification are set forth in paragraph (d) of this subdivision.\n (d) (i) The complainant shall have the burden of proving that a\nchallenged practice caused or predictably will cause a discriminatory\neffect.\n (ii) Once the complainant satisfies the burden of proof set forth in\nsubparagraph one of this paragraph, the respondent shall have the burden\nof proving that the challenged practice is job related for the position\nin question and consistent with business necessity.\n (iii) If the respondent satisfies the burden of proof set forth in\nsubparagraph two of this paragraph, the complainant may still prevail\nupon proving that the business necessity could be served by another\npractice that has a less discriminatory effect.\n (e) A demonstration that a practice is supported by a legally\nsufficient justification, as defined in paragraph (c) of this\nsubdivision, may not be used as a defense against a claim of intentional\ndiscrimination.\n (f) Nothing in this subdivision shall be construed or interpreted as\nlimiting, restricting, overriding, or supplanting any broader\ninterpretation of the discriminatory practices described in this article\nor the availability of liability under this article.\n * NB There are 2 sb 5-a's\n 6. It shall be an unlawful discriminatory practice for any person to\naid, abet, incite, compel or coerce the doing of any of the acts\nforbidden under this article, or to attempt to do so.\n 7. It shall be an unlawful discriminatory practice for any person\nengaged in any activity to which this section applies to retaliate or\ndiscriminate against any person because such person has (i) opposed any\npractices forbidden under this article, (ii) filed a complaint,\ntestified, or assisted in any proceeding under this article, or (iii)\nrequested a reasonable accommodation under this article. Retaliation may\ninclude, but is not limited to, disclosing an employee's personnel files\nbecause such employee has (i) opposed any practices forbidden under this\narticle, (ii) filed a complaint, testified, or assisted in any\nproceeding under this article, or (iii) requested a reasonable\naccommodation under this article, except where such disclosure is made\nin the course of commencing or responding to a complaint in any\nproceeding under this article or any other civil or criminal action or\nother judicial or administrative proceeding as permitted by applicable\nlaw.\n 8. It shall be an unlawful discriminatory practice for any party to a\nconciliation agreement made pursuant to section two hundred ninety-seven\nof this article to violate the terms of such agreement.\n 9. (a) It shall be an unlawful discriminatory practice for any fire\ndepartment or fire company therein, through any member or members\nthereof, officers, board of fire commissioners or other body or office\nhaving power of appointment of volunteer firefighters, directly or\nindirectly, by ritualistic practice, constitutional or by-law\nprescription, by tacit agreement among its members, or otherwise, to\ndeny to any individual membership in any volunteer fire department or\nfire company therein, or to expel or discriminate against any volunteer\nmember of a fire department or fire company therein, because of the\nrace, creed, color, national origin, citizenship or immigration status,\nsexual orientation, gender identity or expression, military status, sex,\nmarital status, status as a victim of domestic violence, or familial\nstatus, of such individual.\n (b) Upon a complaint to the division, as provided for under\nsubdivision one of section two hundred ninety-seven of this article, and\nin the event the commissioner finds that an unlawful discriminatory\npractice has been engaged in, the board of fire commissioners or other\nbody or office having power of appointment of volunteer firefighters\nshall be served with any order required, under subdivision four of\nsection two hundred ninety-seven of this article, to be served on any or\nall respondents requiring such respondent or respondents to cease and\ndesist from such unlawful discriminatory practice and to take\naffirmative action. Such board shall have the duty and power to appoint\nas a volunteer firefighter, notwithstanding any other statute or\nprovision of law or by-law of any volunteer fire company, any individual\nwhom the commissioner has determined to be the subject of an unlawful\ndiscriminatory practice under this subdivision. Unless such board has\nbeen found to have engaged in an unlawful discriminatory practice,\nservice upon such board of such order shall not constitute such board or\nits members as a respondent nor constitute a finding of an unlawful\ndiscriminatory practice against such board or its members.\n 10. (a) It shall be an unlawful discriminatory practice for any\nemployer, or an employee or agent thereof, to impose upon a person as a\ncondition of obtaining or retaining employment, including opportunities\nfor promotion, advancement or transfers, any terms or conditions that\nwould require such person to violate or forego a sincerely held practice\nof his or her religion, including but not limited to the observance of\nany particular day or days or any portion thereof as a sabbath or other\nholy day in accordance with the requirements of his or her religion or\nthe wearing of any attire, clothing, or facial hair in accordance with\nthe requirements of his or her religion, unless, after engaging in a\nbona fide effort, the employer demonstrates that it is unable to\nreasonably accommodate the employee's or prospective employee's\nsincerely held religious observance or practice without undue hardship\non the conduct of the employer's business. Notwithstanding any other\nprovision of law to the contrary, an employee shall not be entitled to\npremium wages or premium benefits for work performed during hours to\nwhich such premium wages or premium benefits would ordinarily be\napplicable, if the employee is working during such hours only as an\naccommodation to his or her sincerely held religious requirements.\nNothing in this paragraph or paragraph (b) of this subdivision shall\nalter or abridge the rights granted to an employee concerning the\npayment of wages or privileges of seniority accruing to that employee.\n (b) Except where it would cause an employer to incur an undue\nhardship, no person shall be required to remain at his or her place of\nemployment during any day or days or portion thereof that, as a\nrequirement of his or her religion, he or she observes as his or her\nsabbath or other holy day, including a reasonable time prior and\nsubsequent thereto for travel between his or her place of employment and\nhis or her home, provided however, that any such absence from work\nshall, wherever practicable in the reasonable judgment of the employer,\nbe made up by an equivalent amount of time and work at some other\nmutually convenient time, or shall be charged against any leave with pay\nordinarily granted, other than sick leave, provided further, however,\nthat any such absence not so made up or charged, may be treated by the\nemployer of such person as leave taken without pay.\n (c) It shall be an unlawful discriminatory practice for an employer to\nrefuse to permit an employee to utilize leave, as provided in paragraph\n(b) of this subdivision, solely because the leave will be used for\nabsence from work to accommodate the employee's sincerely held religious\nobservance or practice.\n (d) As used in this subdivision: (1) "undue hardship" shall mean an\naccommodation requiring significant expense or difficulty (including a\nsignificant interference with the safe or efficient operation of the\nworkplace or a violation of a bona fide seniority system). Factors to be\nconsidered in determining whether the accommodation constitutes an undue\neconomic hardship shall include, but not be limited to:\n (i) the identifiable cost of the accommodation, including the costs of\nloss of productivity and of retaining or hiring employees or\ntransferring employees from one facility to another, in relation to the\nsize and operating cost of the employer;\n (ii) the number of individuals who will need the particular\naccommodation to a sincerely held religious observance or practice; and\n (iii) for an employer with multiple facilities, the degree to which\nthe geographic separateness or administrative or fiscal relationship of\nthe facilities will make the accommodation more difficult or expensive.\n Provided, however, an accommodation shall be considered to constitute\nan undue hardship if it will result in the inability of an employee to\nperform the essential functions of the position in which he or she is\nemployed.\n (2) "premium wages" shall include overtime pay and compensatory time\noff, and additional remuneration for night, weekend or holiday work, or\nfor standby or irregular duty.\n (3) "premium benefit" shall mean an employment benefit, such as\nseniority, group life insurance, health insurance, disability insurance,\nsick leave, annual leave, or an educational or pension benefit that is\ngreater than the employment benefit due the employee for an equivalent\nperiod of work performed during the regular work schedule of the\nemployee.\n In the case of any employer other than the state, any of its political\nsubdivisions or any school district, this subdivision shall not apply\nwhere the uniform application of terms and conditions of attendance to\nemployees is essential to prevent undue economic hardship to the\nemployer. In any proceeding in which the applicability of this\nsubdivision is in issue, the burden of proof shall be upon the employer.\nIf any question shall arise whether a particular position or class of\npositions is excepted from this subdivision by this paragraph, such\nquestion may be referred in writing by any party claimed to be\naggrieved, in the case of any position of employment by the state or any\nof its political subdivisions, except by any school district, to the\ncivil service commission, in the case of any position of employment by\nany school district, to the commissioner of education, who shall\ndetermine such question and in the case of any other employer, a party\nclaiming to be aggrieved may file a complaint with the division pursuant\nto this article. Any such determination by the civil service commission\nshall be reviewable in the manner provided by article seventy-eight of\nthe civil practice law and rules and any such determination by the\ncommissioner of education shall be reviewable in the manner and to the\nsame extent as other determinations of the commissioner under section\nthree hundred ten of the education law.\n 11. Nothing contained in this section shall be construed to bar any\nreligious or denominational institution or organization, or any\norganization operated for charitable or educational purposes, which is\noperated, supervised or controlled by or in connection with a religious\norganization, from limiting employment or sales or rental of housing\naccommodations or admission to or giving preference to persons of the\nsame religion or denomination or from taking such action as is\ncalculated by such organization to promote the religious principles for\nwhich it is established or maintained.\n 12. Notwithstanding the provisions of subdivisions one, one-a and\nthree-a of this section, it shall not be an unlawful discriminatory\npractice for an employer, employment agency, labor organization or joint\nlabor-management committee to carry out a plan, approved by the\ndivision, to increase the employment of members of a minority group (as\nmay be defined pursuant to the regulations of the division) which has a\nstate-wide unemployment rate that is disproportionately high in\ncomparison with the state-wide unemployment rate of the general\npopulation. Any plan approved under this subdivision shall be in writing\nand the division's approval thereof shall be for a limited period and\nmay be rescinded at any time by the division.\n 13. It shall be an unlawful discriminatory practice (i) for any person\nto boycott or blacklist, or to refuse to buy from, sell to or trade\nwith, or otherwise discriminate against any person, because of the race,\ncreed, color, national origin, citizenship or immigration status, sexual\norientation, gender identity or expression, military status, sex, status\nas a victim of domestic violence, disability, or familial status, or of\nsuch person, or of such person's partners, members, stockholders,\ndirectors, officers, managers, superintendents, agents, employees,\nbusiness associates, suppliers or customers, or (ii) for any person\nwilfully to do any act or refrain from doing any act which enables any\nsuch person to take such action. This subdivision shall not apply to:\n (a) Boycotts connected with labor disputes; or\n (b) Boycotts to protest unlawful discriminatory practices.\n 14. In addition to reasonable modifications in policies, practices, or\nprocedures, including those defined in subparagraph (iv) of paragraph\n(d) of subdivision two of this section or reasonable accommodations for\npersons with disabilities as otherwise provided in this section,\nincluding the use of an animal as a reasonable accommodation, it shall\nbe an unlawful discriminatory practice for any person engaged in any\nactivity covered by this section to deny access or otherwise to\ndiscriminate against a blind person, a person who is deaf or hard of\nhearing or a person with another disability because he or she is\naccompanied by a dog that has been trained to work or perform specific\ntasks for the benefit of such person by a professional guide dog,\nhearing dog or service dog training center or professional guide dog,\nhearing dog or service dog trainer, or to discriminate against such\nprofessional guide dog, hearing dog or service dog trainer engaged in\nsuch training of a dog for use by a person with a disability, whether or\nnot accompanied by the person for whom the dog is being trained.\n 15. It shall be an unlawful discriminatory practice for any person,\nagency, bureau, corporation or association, including the state and any\npolitical subdivision thereof, to deny any license or employment to any\nindividual by reason of his or her having been convicted of one or more\ncriminal offenses, or by reason of a finding of a lack of "good moral\ncharacter" which is based upon his or her having been convicted of one\nor more criminal offenses, when such denial is in violation of the\nprovisions of article twenty-three-A of the correction law. Further,\nthere shall be a rebuttable presumption in favor of excluding from\nevidence the prior incarceration or conviction of any person, in a case\nalleging that the employer has been negligent in hiring or retaining an\napplicant or employee, or supervising a hiring manager, if after\nlearning about an applicant or employee's past criminal conviction\nhistory, such employer has evaluated the factors set forth in section\nseven hundred fifty-two of the correction law, and made a reasonable,\ngood faith determination that such factors militate in favor of hire or\nretention of that applicant or employee. No person, agency, bureau,\ncorporation, association, the state or any political subdivision\nthereof, shall require an individual to provide a copy of his or her\ncriminal history record that he or she obtained pursuant to the rules\nand regulations of the division of criminal justice services.\n 16. It shall be an unlawful discriminatory practice, unless\nspecifically required or permitted by statute, for any person, agency,\nbureau, corporation or association, including the state and any\npolitical subdivision thereof, to make any inquiry about, whether in any\nform of application or otherwise, or to act upon adversely to the\nindividual involved, any arrest or criminal accusation of such\nindividual not then pending against that individual which was followed\nby a termination of that criminal action or proceeding in favor of such\nindividual, as defined in subdivision two of section 160.50 of the\ncriminal procedure law, or by an order adjourning the criminal action in\ncontemplation of dismissal, pursuant to section 170.55, 170.56, 210.46,\n210.47, or 215.10 of the criminal procedure law, or by a youthful\noffender adjudication, as defined in subdivision one of section 720.35\nof the criminal procedure law, or by a conviction for a violation sealed\npursuant to section 160.55 of the criminal procedure law or by a\nconviction which is sealed pursuant to section 160.59 or 160.58 of the\ncriminal procedure law, or by a conviction which is sealed pursuant to\nsection 160.57 of the criminal procedure law, except where such\nconviction record is accessed pursuant to subparagraph (vii), (viii), or\n(xvi) of paragraph (d) of subdivision one of section 160.57 of the\ncriminal procedure law, in connection with the licensing, housing,\nemployment, including volunteer positions, or providing of credit or\ninsurance to such individual; provided, further, that no person shall be\nrequired to divulge information pertaining to any arrest or criminal\naccusation of such individual not then pending against that individual\nwhich was followed by a termination of that criminal action or\nproceeding in favor of such individual, as defined in subdivision two of\nsection 160.50 of the criminal procedure law, or by an order adjourning\nthe criminal action in contemplation of dismissal, pursuant to section\n170.55 or 170.56, 210.46, 210.47 or 215.10 of the criminal procedure\nlaw, or by a youthful offender adjudication, as defined in subdivision\none of section 720.35 of the criminal procedure law, or by a conviction\nfor a violation sealed pursuant to section 160.55 of the criminal\nprocedure law, or by a conviction which is sealed pursuant to section\n160.58 or 160.59 of the criminal procedure law, or by a conviction which\nis sealed pursuant to section 160.57 of the criminal procedure law,\nexcept where such conviction record is accessed pursuant to subparagraph\n(vii), (viii), or (xvi) of paragraph (d) of subdivision one of section\n160.57 of the criminal procedure law. An individual required or\nrequested to provide information in violation of this subdivision may\nrespond as if the arrest, criminal accusation, or disposition of such\narrest or criminal accusation did not occur. The provisions of this\nsubdivision shall not apply to the licensing activities of governmental\nbodies in relation to the regulation of guns, firearms and other deadly\nweapons or in relation to an application for employment as a police\nofficer or peace officer as those terms are defined in subdivisions\nthirty-three and thirty-four of section 1.20 of the criminal procedure\nlaw; provided further that the provisions of this subdivision shall not\napply to an application for employment or membership in any law\nenforcement agency with respect to any arrest or criminal accusation\nwhich was followed by a youthful offender adjudication, as defined in\nsubdivision one of section 720.35 of the criminal procedure law, or by a\nconviction for a violation sealed pursuant to section 160.55 of the\ncriminal procedure law, or by a conviction which is sealed pursuant to\nsection 160.58 or 160.59 of the criminal procedure law, or by a\nconviction which is sealed pursuant to section 160.57 of the criminal\nprocedure law. For purposes of this subdivision, an action which has\nbeen adjourned in contemplation of dismissal, pursuant to section 170.55\nor 170.56, 210.46, 210.47 or 215.10 of the criminal procedure law, shall\nnot be considered a pending action, unless the order to adjourn in\ncontemplation of dismissal is revoked and the case is restored to the\ncalendar for further prosecution.\n 17. Nothing in this section shall prohibit the offer and acceptance of\na discount to a person sixty-five years of age or older for housing\naccommodations.\n 18. It shall be an unlawful discriminatory practice for the owner,\nlessee, sub-lessee, assignee, or managing agent of, or other person\nhaving the right of ownership of or possession of or the right to rent\nor lease housing accommodations:\n (1) To refuse to permit, at the expense of a person with a disability,\nreasonable modifications of existing premises occupied or to be occupied\nby the said person, if the modifications may be necessary to afford the\nsaid person full enjoyment of the premises, in conformity with the\nprovisions of the New York state uniform fire prevention and building\ncode except that, in the case of a rental, the landlord may, where it is\nreasonable to do so, condition permission for a modification on the\nrenter's agreeing to restore the interior of the premises to the\ncondition that existed before the modification, reasonable wear and tear\nexcepted.\n (2) To refuse to make reasonable accommodations in rules, policies,\npractices, or services, when such accommodations may be necessary to\nafford said person with a disability equal opportunity to use and enjoy\na dwelling, including the use of an animal as a reasonable accommodation\nto alleviate symptoms or effects of a disability, and including\nreasonable modification to common use portions of the dwelling, or\n (3) In connection with the design and construction of covered\nmulti-family dwellings for first occupancy after March thirteenth,\nnineteen hundred ninety-one, a failure to design and construct dwellings\nin accordance with the accessibility requirements for multi-family\ndwellings found in the New York state uniform fire prevention and\nbuilding code to provide that:\n (i) The public use and common use portions of the dwellings are\nreadily accessible to and usable by persons with disabilities;\n (ii) All the doors are designed in accordance with the New York state\nuniform fire prevention and building code to allow passage into and\nwithin all premises and are sufficiently wide to allow passage by\npersons in wheelchairs; and\n (iii) All premises within covered multi-family dwelling units contain\nan accessible route into and through the dwelling; light switches,\nelectrical outlets, thermostats, and other environmental controls are in\naccessible locations; there are reinforcements in the bathroom walls to\nallow later installation of grab bars; and there are usable kitchens and\nbathrooms such that an individual in a wheelchair can maneuver about the\nspace, in conformity with the New York state uniform fire prevention and\nbuilding code.\n 19. (a) Except as provided in paragraph (b) of this subdivision, it\nshall be an unlawful discriminatory practice of any employer, labor\norganization, employment agency, licensing agency, or its employees,\nagents, or members:\n (1) to directly or indirectly solicit, require, or administer a\ngenetic test to a person, or solicit or require information from which a\npredisposing genetic characteristic can be inferred as a condition of\nemployment, preemployment application, labor organization membership, or\nlicensure; or\n (2) to buy or otherwise acquire the results or interpretation of an\nindividual's genetic test results or information from which a\npredisposing genetic characteristic can be inferred or to make an\nagreement with an individual to take a genetic test or provide genetic\ntest results or such information.\n (b) An employer may require a specified genetic test as a condition of\nemployment where such a test is shown to be directly related to the\noccupational environment, such that the employee or applicant with a\nparticular genetic anomaly might be at an increased risk of disease as a\nresult of working in said environment.\n (c) Nothing in this section shall prohibit the genetic testing of an\nemployee who requests a genetic test and who provides written and\ninformed consent to taking a genetic test for any of the following\npurposes:\n (1) pursuant to a workers' compensation claim;\n (2) pursuant to civil litigation; or\n (3) to determine the employee's susceptibility to potentially\ncarcinogenic, toxic, or otherwise hazardous chemicals or substances\nfound in the workplace environment only if the employer does not\nterminate the employee or take any other action that adversely affects\nany term, condition or privilege of employment pursuant to the genetic\ntest results.\n (d) If an employee consents to genetic testing for any of the\naforementioned allowable reasons, he or she must be given and sign an\nauthorization of consent form which explicitly states the specific\npurpose, uses and limitations of the genetic tests and the specific\ntraits or characteristics to be tested.\n 21. Nothing in this section shall prohibit the offer and acceptance of\na discount for housing accommodations to a person with a disability, as\ndefined in subdivision twenty-one of section two hundred ninety-two of\nthis article.\n 22. (a) It shall be an unlawful discriminatory practice for an\nemployer or licensing agency, because of any individual's status as a\nvictim of domestic violence, to refuse to hire or employ or license or\nto bar or to discharge from employment such individual or to\ndiscriminate against such individual in compensation or in terms,\nconditions or privileges of employment.\n (b) It shall be an unlawful discriminatory practice for an employer or\nemployment agency to print or circulate or cause to be printed or\ncirculated any statement, advertisement or publication, or to use any\nform of application for employment or to make any inquiry in connection\nwith prospective employment which expresses, directly or indirectly, any\nlimitation, specification or discrimination as to status as a victim of\ndomestic violence, or any intent to make any such limitation,\nspecification or discrimination; provided, however, that no provision of\nthis subdivision shall be construed to prohibit the employer from making\nany inquiry or obtaining information for the purpose of providing\nassistance to, or a reasonable accommodation in accordance with the\nprovisions of this subdivision to, a victim of domestic violence.\n (c)(1) It shall be an unlawful discriminatory practice for an employer\nto refuse to provide a reasonable accommodation to an employee who is\nknown by the employer to be a victim of domestic violence, limited to\nthose accommodations set forth in subparagraph two of this paragraph,\nwhen such employee must be absent from work for a reasonable time,\nunless such absence would cause an undue hardship to the employer as set\nforth in subparagraph three of this paragraph, provided, however that\nthe employer may require an employee to charge any time off pursuant to\nthis section against any leave with pay ordinarily granted, where\navailable, unless otherwise provided for in a collective bargaining\nagreement or existing employee handbook or policy, and any such absence\nthat cannot be charged may be treated as leave without pay. An employee\nwho must be absent from work in accordance with subparagraph two of this\nparagraph shall be entitled to the continuation of any health insurance\ncoverage provided by the employer, to which the employee is otherwise\nentitled during any such absence.\n (2) An employer is required to provide a reasonable accommodation to\nan employee who is a victim of domestic violence who must be absent from\nwork for a reasonable time, in accordance with the provisions of\nsubparagraph one of this paragraph, limited to the following:\n (i) Seeking medical attention for injuries caused by domestic violence\nincluding for a child who is a victim of domestic violence, provided\nthat the employee is not the perpetrator of the domestic violence\nagainst the child; or\n (ii) Obtaining services from a domestic violence shelter, program, or\nrape crisis center as a result of domestic violence; or\n (iii) Obtaining psychological counseling related to an incident or\nincidents of domestic violence, including for a child who is a victim of\ndomestic violence, provided that the employee is not the perpetrator of\nthe domestic violence against the child; or\n (iv) Participating in safety planning and taking other actions to\nincrease safety from future incidents of domestic violence, including\ntemporary or permanent relocation; or\n (v) Obtaining legal services, assisting in the prosecution of the\noffense, or appearing in court in relation to the incident or incidents\nof domestic violence.\n (3) An employer is required to provide a reasonable accommodation for\nan employee's absence in accordance with the provisions of subparagraphs\none and two of this paragraph unless the employer can demonstrate that\nthe employee's absence would constitute an undue hardship to the\nemployer. A determination of whether such an absence will constitute an\nundue hardship shall include consideration of factors such as:\n (i) The overall size of the business, program or enterprise with\nrespect to the number of employees, number and type of facilities, and\nsize of budget; and\n (ii) The type of operation in which the business, program or\nenterprise is engaged, including the composition and structure of the\nworkforce.\n (4) An employee who must be absent from work in accordance with the\nprovisions of subparagraph one of this paragraph shall provide the\nemployer with reasonable advance notice of the employee's absence,\nunless such advance notice is not feasible.\n (5) An employee who must be absent from work in accordance with the\nprovisions of subparagraph one of this paragraph and who cannot feasibly\ngive reasonable advance notice of the absence in accordance with\nsubparagraph four of this paragraph must, within a reasonable time after\nthe absence, provide a certification to the employer when requested by\nthe employer.\n Such certification shall be in the form of:\n (i) A police report indicating that the employee or his or her child\nwas a victim of domestic violence;\n (ii) A court order protecting or separating the employee or his or her\nchild from the perpetrator of an act of domestic violence;\n (iii) Other evidence from the court or prosecuting attorney that the\nemployee appeared in court; or\n (iv) Documentation from a medical professional, domestic violence\nadvocate, health care provider, or counselor that the employee or his or\nher child was undergoing counseling or treatment for physical or mental\ninjuries or abuse resulting in victimization from an act of domestic\nviolence.\n (6) Where an employee has a physical or mental disability resulting\nfrom an incident or series of incidents of domestic violence, such\nemployee shall be treated in the same manner as an employee with any\nother disability, pursuant to the provisions of this section which\nprovide that discrimination and refusal to provide reasonable\naccommodation of disability are unlawful discriminatory practices.\n (d) To the extent allowed by law, employers shall maintain the\nconfidentiality of any information regarding an employee's status as a\nvictim of domestic violence.\n