Text of NY S 195 (2014)

S T A T E O F N E W Y O R K ________________________________________________________________________ 195 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. SQUADRON -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the executive law, the civil rights law and the educa- tion law, in relation to prohibiting discrimination based on gender identity or expression; and to amend the penal law and the criminal procedure law, in relation to including offenses regarding gender identity or expression within the list of offenses subject to treat- ment as hate crimes THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative findings and intent. The legislature reaffirms 2 that the state has the responsibility to act to assure that every indi- 3 vidual within this state is afforded an equal opportunity to enjoy a 4 full and productive life, and that the failure to provide such equal 5 opportunity, whether because of discrimination, prejudice, intolerance 6 or inadequate education, training, housing or health care not only 7 threatens the rights and proper privileges of its inhabitants, but 8 menaces the institutions and foundation of a free democratic state and 9 threatens the peace, order, health, safety and general welfare of the 10 state and its inhabitants. 11 The legislature further finds that many residents of this state have 12 encountered prejudice on account of their gender identity or expression, 13 and that this prejudice has severely limited or actually prevented 14 access to employment, housing and other basic necessities of life, lead- 15 ing to deprivation and suffering. The legislature further recognizes 16 that this prejudice has fostered a general climate of hostility and 17 distrust, leading in some instances to physical violence against those 18 perceived to live in a gender identity or expression which is different EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01192-01-3 S. 195 2 1 from that traditionally associated with the sex assigned to that person 2 at birth. 3 In so doing, the legislature makes clear its action is not intended to 4 promote any particular attitude, course of conduct or way of life. Rath- 5 er its purpose is to ensure that individuals who live in our free socie- 6 ty have the capacity to make their own choices, follow their own beliefs 7 and conduct their own lives as they see fit, consistent with existing 8 law. 9 The legislature further finds that, as court decisions have properly 10 held, New York's sex discrimination laws prohibit discrimination based 11 on gender stereotypes or because an individual has transitioned or 12 intends to transition from one gender to another. This legislation is 13 intended to codify this principle and to ensure that the public under- 14 stands that discrimination on the basis of gender identity and 15 expression is prohibited. 16 S 2. Subdivisions 1 and 2 of section 291 of the executive law, as 17 amended by chapter 196 of the laws of 2010, are amended to read as 18 follows: 19 1. The opportunity to obtain employment without discrimination because 20 of age, race, creed, color, national origin, sexual orientation, GENDER 21 IDENTITY OR EXPRESSION, military status, sex, marital status, or disa- 22 bility, is hereby recognized as and declared to be a civil right. 23 2. The opportunity to obtain education, the use of places of public 24 accommodation and the ownership, use and occupancy of housing accommo- 25 dations and commercial space without discrimination because of age, 26 race, creed, color, national origin, sexual orientation, GENDER IDENTITY 27 OR EXPRESSION, military status, sex, marital status, or disability, as 28 specified in section two hundred ninety-six of this article, is hereby 29 recognized as and declared to be a civil right. 30 S 3. Section 292 of the executive law is amended by adding a new 31 subdivision 35 to read as follows: 32 35. THE TERM "GENDER IDENTITY OR EXPRESSION" MEANS HAVING OR BEING 33 PERCEIVED AS HAVING A GENDER IDENTITY, SELF-IMAGE, APPEARANCE, BEHAVIOR 34 OR EXPRESSION WHETHER OR NOT THAT GENDER IDENTITY, SELF-IMAGE, APPEAR- 35 ANCE, BEHAVIOR OR EXPRESSION IS DIFFERENT FROM THAT TRADITIONALLY ASSO- 36 CIATED WITH THE SEX ASSIGNED TO THAT PERSON AT BIRTH. 37 S 4. Subdivisions 8 and 9 of section 295 of the executive law, as 38 amended by chapter 106 of the laws of 2003, are amended to read as 39 follows: 40 8. To create such advisory councils, local, regional or state-wide, as 41 in its judgment will aid in effectuating the purposes of this article 42 and of section eleven of article one of the constitution of this state, 43 and the division may empower them to study the problems of discrimi- 44 nation in all or specific fields of human relationships or in specific 45 instances of discrimination because of age, race, creed, color, national 46 origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military 47 status, sex, disability or marital status and make recommendations to 48 the division for the development of policies and procedures in general 49 and in specific instances. The advisory councils also shall disseminate 50 information about the division's activities to organizations and indi- 51 viduals in their localities. Such advisory councils shall be composed of 52 representative citizens, serving without pay, but with reimbursement for 53 actual and necessary traveling expenses; and the division may make 54 provision for technical and clerical assistance to such councils and for 55 the expenses of such assistance. S. 195 3 1 9. To develop human rights plans and policies for the state and assist 2 in their execution and to make investigations and studies appropriate to 3 effectuate this article and to issue such publications and such results 4 of investigations and research as in its judgement will tend to inform 5 persons of the rights assured and remedies provided under this article, 6 to promote good-will and minimize or eliminate discrimination because of 7 age, race, creed, color, national origin, sexual orientation, GENDER 8 IDENTITY OR EXPRESSION, military status, sex, disability or marital 9 status. 10 S 5. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section 296 11 of the executive law, paragraph (a) as amended by chapter 80 of the laws 12 of 2009 and paragraphs (b), (c), and (d) as amended by chapter 75 of the 13 laws of 2005, are amended to read as follows: 14 (a) For an employer or licensing agency, because of an individual's 15 age, race, creed, color, national origin, sexual orientation, GENDER 16 IDENTITY OR EXPRESSION, military status, sex, disability, predisposing 17 genetic characteristics, marital status, or domestic violence victim 18 status, to refuse to hire or employ or to bar or to discharge from 19 employment such individual or to discriminate against such individual in 20 compensation or in terms, conditions or privileges of employment. 21 (b) For an employment agency to discriminate against any individual 22 because of age, race, creed, color, national origin, sexual orientation, 23 GENDER IDENTITY OR EXPRESSION, military status, sex, disability, predis- 24 posing genetic characteristics, or marital status, in receiving, classi- 25 fying, disposing or otherwise acting upon applications for its services 26 or in referring an applicant or applicants to an employer or employers. 27 (c) For a labor organization, because of the age, race, creed, color, 28 national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, 29 military status, sex, disability, predisposing genetic characteristics, 30 or marital status of any individual, to exclude or to expel from its 31 membership such individual or to discriminate in any way against any of 32 its members or against any employer or any individual employed by an 33 employer. 34 (d) For any employer or employment agency to print or circulate or 35 cause to be printed or circulated any statement, advertisement or publi- 36 cation, or to use any form of application for employment or to make any 37 inquiry in connection with prospective employment, which expresses 38 directly or indirectly, any limitation, specification or discrimination 39 as to age, race, creed, color, national origin, sexual orientation, 40 GENDER IDENTITY OR EXPRESSION, military status, sex, disability, predis- 41 posing genetic characteristics, or marital status, or any intent to make 42 any such limitation, specification or discrimination, unless based upon 43 a bona fide occupational qualification; provided, however, that neither 44 this paragraph nor any provision of this chapter or other law shall be 45 construed to prohibit the department of civil service or the department 46 of personnel of any city containing more than one county from requesting 47 information from applicants for civil service examinations concerning 48 any of the aforementioned characteristics, other than sexual orientation 49 OR GENDER IDENTITY OR EXPRESSION, for the purpose of conducting studies 50 to identify and resolve possible problems in recruitment and testing of 51 members of minority groups to insure the fairest possible and equal 52 opportunities for employment in the civil service for all persons, 53 regardless of age, race, creed, color, national origin, sexual orien- 54 tation, GENDER IDENTITY OR EXPRESSION, military status, sex, disability, 55 predisposing genetic characteristics, or marital status. S. 195 4 1 S 6. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of 2 the executive law, as amended by chapter 106 of the laws of 2003, are 3 amended to read as follows: 4 (b) To deny to or withhold from any person because of race, creed, 5 color, national origin, sexual orientation, GENDER IDENTITY OR 6 EXPRESSION, military status, sex, age, disability, or marital status, 7 the right to be admitted to or participate in a guidance program, an 8 apprenticeship training program, on-the-job training program, executive 9 training program, or other occupational training or retraining program; 10 (c) To discriminate against any person in his or her pursuit of such 11 programs or to discriminate against such a person in the terms, condi- 12 tions or privileges of such programs because of race, creed, color, 13 national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, 14 military status, sex, age, disability or marital status; 15 (d) To print or circulate or cause to be printed or circulated any 16 statement, advertisement or publication, or to use any form of applica- 17 tion for such programs or to make any inquiry in connection with such 18 program which expresses, directly or indirectly, any limitation, spec- 19 ification or discrimination as to race, creed, color, national origin, 20 sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, 21 age, disability or marital status, or any intention to make any such 22 limitation, specification or discrimination, unless based on a bona fide 23 occupational qualification. 24 S 7. Paragraph (a) of subdivision 2 of section 296 of the executive 25 law, as amended by chapter 106 of the laws of 2003, is amended to read 26 as follows: 27 (a) It shall be an unlawful discriminatory practice for any person, 28 being the owner, lessee, proprietor, manager, superintendent, agent or 29 employee of any place of public accommodation, resort or amusement, 30 because of the race, creed, color, national origin, sexual orientation, 31 GENDER IDENTITY OR EXPRESSION, military status, sex, [or] disability or 32 marital status of any person, directly or indirectly, to refuse, with- 33 hold from or deny to such person any of the accommodations, advantages, 34 facilities or privileges thereof, including the extension of credit, or, 35 directly or indirectly, to publish, circulate, issue, display, post or 36 mail any written or printed communication, notice or advertisement, to 37 the effect that any of the accommodations, advantages, facilities and 38 privileges of any such place shall be refused, withheld from or denied 39 to any person on account of race, creed, color, national origin, sexual 40 orientation, GENDER IDENTITY OR EXPRESSION, military status, sex, [or] 41 disability or marital status, or that the patronage or custom thereat of 42 any person of or purporting to be of any particular race, creed, color, 43 national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, 44 military status, sex or marital status, or having a disability is unwel- 45 come, objectionable or not acceptable, desired or solicited. 46 S 8. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section 47 296 of the executive law, paragraphs (a), (b) and (c) as amended and 48 paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended 49 to read as follows: 50 (a) To refuse to sell, rent or lease or otherwise to deny to or with- 51 hold from any person or group of persons such housing accommodations 52 because of the race, creed, color, disability, national origin, sexual 53 orientation, GENDER IDENTITY OR EXPRESSION, military status, age, sex, 54 marital status, or familial status of such person or persons, or to 55 represent that any housing accommodation or land is not available for 56 inspection, sale, rental or lease when in fact it is so available. S. 195 5 1 (b) To discriminate against any person because of his or her race, 2 creed, color, disability, national origin, sexual orientation, GENDER 3 IDENTITY OR EXPRESSION, military status, age, sex, marital status, or 4 familial status in the terms, conditions or privileges of any publicly- 5 assisted housing accommodations or in the furnishing of facilities or 6 services in connection therewith. 7 (c) To cause to be made any written or oral inquiry or record concern- 8 ing the race, creed, color, disability, national origin, sexual orien- 9 tation, GENDER IDENTITY OR EXPRESSION, membership in the reserve armed 10 forces of the United States or in the organized militia of the state, 11 age, sex, marital status, or familial status of a person seeking to rent 12 or lease any publicly-assisted housing accommodation; provided, however, 13 that nothing in this subdivision shall prohibit a member of the reserve 14 armed forces of the United States or in the organized militia of the 15 state from voluntarily disclosing such membership. 16 (c-1) To print or circulate or cause to be printed or circulated any 17 statement, advertisement or publication, or to use any form of applica- 18 tion for the purchase, rental or lease of such housing accommodation or 19 to make any record or inquiry in connection with the prospective 20 purchase, rental or lease of such a housing accommodation which 21 expresses, directly or indirectly, any limitation, specification or 22 discrimination as to race, creed, color, national origin, sexual orien- 23 tation, GENDER IDENTITY OR EXPRESSION, military status, sex, age, disa- 24 bility, marital status, or familial status, or any intent to make any 25 such limitation, specification or discrimination. 26 S 9. Subdivision 3-b of section 296 of the executive law, as amended 27 by chapter 106 of the laws of 2003, is amended to read as follows: 28 3-b. It shall be an unlawful discriminatory practice for any real 29 estate broker, real estate salesperson or employee or agent thereof or 30 any other individual, corporation, partnership or organization for the 31 purpose of inducing a real estate transaction from which any such person 32 or any of its stockholders or members may benefit financially, to repre- 33 sent that a change has occurred or will or may occur in the composition 34 with respect to race, creed, color, national origin, sexual orientation, 35 GENDER IDENTITY OR EXPRESSION, military status, sex, disability, marital 36 status, or familial status of the owners or occupants in the block, 37 neighborhood or area in which the real property is located, and to 38 represent, directly or indirectly, that this change will or may result 39 in undesirable consequences in the block, neighborhood or area in which 40 the real property is located, including but not limited to the lowering 41 of property values, an increase in criminal or anti-social behavior, or 42 a decline in the quality of schools or other facilities. 43 S 10. Subdivision 4 of section 296 of the executive law, as amended by 44 chapter 106 of the laws of 2003, is amended to read as follows: 45 4. It shall be an unlawful discriminatory practice for an education 46 corporation or association which holds itself out to the public to be 47 non-sectarian and exempt from taxation pursuant to the provisions of 48 article four of the real property tax law to deny the use of its facili- 49 ties to any person otherwise qualified, or to permit the harassment of 50 any student or applicant, by reason of his race, color, religion, disa- 51 bility, national origin, sexual orientation, GENDER IDENTITY OR 52 EXPRESSION, military status, sex, age or marital status, except that any 53 such institution which establishes or maintains a policy of educating 54 persons of one sex exclusively may admit students of only one sex. 55 S 11. Subdivision 5 of section 296 of the executive law, as amended by 56 chapter 106 of the laws of 2003, is amended to read as follows: S. 195 6 1 5. (a) It shall be an unlawful discriminatory practice for the owner, 2 lessee, sub-lessee, assignee, or managing agent of, or other person 3 having the right to sell, rent or lease a housing accommodation, 4 constructed or to be constructed, or any agent or employee thereof: 5 (1) To refuse to sell, rent, lease or otherwise to deny to or withhold 6 from any person or group of persons such a housing accommodation because 7 of the race, creed, color, national origin, sexual orientation, GENDER 8 IDENTITY OR EXPRESSION, military status, sex, age, disability, marital 9 status, or familial status of such person or persons, or to represent 10 that any housing accommodation or land is not available for inspection, 11 sale, rental or lease when in fact it is so available. 12 (2) To discriminate against any person because of race, creed, color, 13 national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, 14 military status, sex, age, disability, marital status, or familial 15 status in the terms, conditions or privileges of the sale, rental or 16 lease of any such housing accommodation or in the furnishing of facili- 17 ties or services in connection therewith. 18 (3) To print or circulate or cause to be printed or circulated any 19 statement, advertisement or publication, or to use any form of applica- 20 tion for the purchase, rental or lease of such housing accommodation or 21 to make any record or inquiry in connection with the prospective 22 purchase, rental or lease of such a housing accommodation which 23 expresses, directly or indirectly, any limitation, specification or 24 discrimination as to race, creed, color, national origin, sexual orien- 25 tation, GENDER IDENTITY OR EXPRESSION, military status, sex, age, disa- 26 bility, marital status, or familial status, or any intent to make any 27 such limitation, specification or discrimination. 28 The provisions of this paragraph (a) shall not apply (1) to the rental 29 of a housing accommodation in a building which contains housing accommo- 30 dations for not more than two families living independently of each 31 other, if the owner resides in one of such housing accommodations, (2) 32 to the restriction of the rental of all rooms in a housing accommodation 33 to individuals of the same sex or (3) to the rental of a room or rooms 34 in a housing accommodation, if such rental is by the occupant of the 35 housing accommodation or by the owner of the housing accommodation and 36 the owner resides in such housing accommodation or (4) solely with 37 respect to age and familial status to the restriction of the sale, 38 rental or lease of housing accommodations exclusively to persons sixty- 39 two years of age or older and the spouse of any such person, or for 40 housing intended and operated for occupancy by at least one person 41 fifty-five years of age or older per unit. In determining whether hous- 42 ing is intended and operated for occupancy by persons fifty-five years 43 of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the 44 federal Fair Housing Act of 1988, as amended, shall apply. 45 (b) It shall be an unlawful discriminatory practice for the owner, 46 lessee, sub-lessee, or managing agent of, or other person having the 47 right of ownership or possession of or the right to sell, rent or lease, 48 land or commercial space: 49 (1) To refuse to sell, rent, lease or otherwise deny to or withhold 50 from any person or group of persons land or commercial space because of 51 the race, creed, color, national origin, sexual orientation, GENDER 52 IDENTITY OR EXPRESSION, military status, sex, age, disability, marital 53 status, or familial status of such person or persons, or to represent 54 that any housing accommodation or land is not available for inspection, 55 sale, rental or lease when in fact it is so available; S. 195 7 1 (2) To discriminate against any person because of race, creed, color, 2 national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, 3 military status, sex, age, disability, marital status, or familial 4 status in the terms, conditions or privileges of the sale, rental or 5 lease of any such land or commercial space; or in the furnishing of 6 facilities or services in connection therewith; 7 (3) To print or circulate or cause to be printed or circulated any 8 statement, advertisement or publication, or to use any form of applica- 9 tion for the purchase, rental or lease of such land or commercial space 10 or to make any record or inquiry in connection with the prospective 11 purchase, rental or lease of such land or commercial space which 12 expresses, directly or indirectly, any limitation, specification or 13 discrimination as to race, creed, color, national origin, sexual orien- 14 tation, GENDER IDENTITY OR EXPRESSION, military status, sex, age, disa- 15 bility, marital status, or familial status; or any intent to make any 16 such limitation, specification or discrimination. 17 (4) With respect to age and familial status, the provisions of this 18 paragraph shall not apply to the restriction of the sale, rental or 19 lease of land or commercial space exclusively to persons fifty-five 20 years of age or older and the spouse of any such person, or to the 21 restriction of the sale, rental or lease of land to be used for the 22 construction, or location of housing accommodations exclusively for 23 persons sixty-two years of age or older, or intended and operated for 24 occupancy by at least one person fifty-five years of age or older per 25 unit. In determining whether housing is intended and operated for occu- 26 pancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c) 27 (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as 28 amended, shall apply. 29 (c) It shall be an unlawful discriminatory practice for any real 30 estate broker, real estate salesperson or employee or agent thereof: 31 (1) To refuse to sell, rent or lease any housing accommodation, land 32 or commercial space to any person or group of persons or to refuse to 33 negotiate for the sale, rental or lease, of any housing accommodation, 34 land or commercial space to any person or group of persons because of 35 the race, creed, color, national origin, sexual orientation, GENDER 36 IDENTITY OR EXPRESSION, military status, sex, age, disability, marital 37 status, or familial status of such person or persons, or to represent 38 that any housing accommodation, land or commercial space is not avail- 39 able for inspection, sale, rental or lease when in fact it is so avail- 40 able, or otherwise to deny or withhold any housing accommodation, land 41 or commercial space or any facilities of any housing accommodation, land 42 or commercial space from any person or group of persons because of the 43 race, creed, color, national origin, sexual orientation, GENDER IDENTITY 44 OR EXPRESSION, military status, sex, age, disability, marital status, or 45 familial status of such person or persons. 46 (2) To print or circulate or cause to be printed or circulated any 47 statement, advertisement or publication, or to use any form of applica- 48 tion for the purchase, rental or lease of any housing accommodation, 49 land or commercial space or to make any record or inquiry in connection 50 with the prospective purchase, rental or lease of any housing accommo- 51 dation, land or commercial space which expresses, directly or indirect- 52 ly, any limitation, specification, or discrimination as to race, creed, 53 color, national origin, sexual orientation, GENDER IDENTITY OR 54 EXPRESSION, military status, sex, age, disability, marital status, or 55 familial status; or any intent to make any such limitation, specifica- 56 tion or discrimination. S. 195 8 1 (3) With respect to age and familial status, the provisions of this 2 paragraph shall not apply to the restriction of the sale, rental or 3 lease of any HOUSING ACCOMMODATION, land or commercial space exclusively 4 to persons fifty-five years of age or older and the spouse of any such 5 person, or to the restriction of the sale, rental or lease of any hous- 6 ing accommodation or land to be used for the construction or location of 7 housing accommodations for persons sixty-two years of age or older, or 8 intended and operated for occupancy by at least one person fifty-five 9 years of age or older per unit. In determining whether housing is 10 intended and operated for occupancy by persons fifty-five years of age 11 or older, Sec. 807 (b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the 12 federal Fair Housing Act of 1988, as amended, shall apply. 13 (d) It shall be an unlawful discriminatory practice for any real 14 estate board, because of the race, creed, color, national origin, sexual 15 orientation, GENDER IDENTITY OR EXPRESSION, military status, age, sex, 16 disability, marital status, or familial status of any individual who is 17 otherwise qualified for membership, to exclude or expel such individual 18 from membership, or to discriminate against such individual in the 19 terms, conditions and privileges of membership in such board. 20 (e) It shall be an unlawful discriminatory practice for the owner, 21 proprietor or managing agent of, or other person having the right to 22 provide care and services in, a private proprietary nursing home, conva- 23 lescent home, or home for adults, or an intermediate care facility, as 24 defined in section two of the social services law, heretofore 25 constructed, or to be constructed, or any agent or employee thereof, to 26 refuse to provide services and care in such home or facility to any 27 individual or to discriminate against any individual in the terms, 28 conditions, and privileges of such services and care solely because such 29 individual is a blind person. For purposes of this paragraph, a "blind 30 person" shall mean a person who is registered as a blind person with the 31 commission for the visually handicapped and who meets the definition of 32 a "blind person" pursuant to section three of chapter four hundred 33 fifteen of the laws of nineteen hundred thirteen entitled "An act to 34 establish a state commission for improving the condition of the blind of 35 the state of New York, and making an appropriation therefor". 36 (f) The provisions of this subdivision, as they relate to age, shall 37 not apply to persons under the age of eighteen years. 38 (g) It shall be an unlawful discriminatory practice for any person 39 offering or providing housing accommodations, land or commercial space 40 as described in paragraphs (a), (b), and (c) of this subdivision to make 41 or cause to be made any written or oral inquiry or record concerning 42 membership of any person in the state organized militia in relation to 43 the purchase, rental or lease of such housing accommodation, land, or 44 commercial space, provided, however, that nothing in this subdivision 45 shall prohibit a member of the state organized militia from voluntarily 46 disclosing such membership. 47 S 12. Paragraph (a) of subdivision 9 of section 296 of the executive 48 law, as amended by chapter 106 of the laws of 2003, is amended to read 49 as follows: 50 (a) It shall be an unlawful discriminatory practice for any fire 51 department or fire company therein, through any member or members there- 52 of, officers, board of fire commissioners or other body or office having 53 power of appointment of volunteer firefighters, directly or indirectly, 54 by ritualistic practice, constitutional or by-law prescription, by tacit 55 agreement among its members, or otherwise, to deny to any individual 56 membership in any volunteer fire department or fire company therein, or S. 195 9 1 to expel or discriminate against any volunteer member of a fire depart- 2 ment or fire company therein, because of the race, creed, color, 3 national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, 4 military status, sex or marital status of such individual. 5 S 13. Subdivision 13 of section 296 of the executive law, as amended 6 by chapter 196 of the laws of 2010, is amended to read as follows: 7 13. It shall be an unlawful discriminatory practice (i) for any person 8 to boycott or blacklist, or to refuse to buy from, sell to or trade 9 with, or otherwise discriminate against any person, because of the race, 10 creed, color, national origin, sexual orientation, GENDER IDENTITY OR 11 EXPRESSION, military status, sex, or disability of such person, or of 12 such person's partners, members, stockholders, directors, officers, 13 managers, superintendents, agents, employees, business associates, 14 suppliers or customers, or (ii) for any person wilfully to do any act or 15 refrain from doing any act which enables any such person to take such 16 action. This subdivision shall not apply to: 17 (a) Boycotts connected with labor disputes; or 18 (b) Boycotts to protest unlawful discriminatory practices. 19 S 14. Subdivisions 1, 2 and 3 of section 296-a of the executive law, 20 as amended by chapter 106 of the laws of 2003, are amended to read as 21 follows: 22 1. It shall be an unlawful discriminatory practice for any creditor or 23 any officer, agent or employee thereof: 24 a. In the case of applications for credit with respect to the 25 purchase, acquisition, construction, rehabilitation, repair or mainte- 26 nance of any housing accommodation, land or commercial space to discrim- 27 inate against any such applicant because of the race, creed, color, 28 national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, 29 military status, age, sex, marital status, disability, or familial 30 status of such applicant or applicants or any member, stockholder, 31 director, officer or employee of such applicant or applicants, or of the 32 prospective occupants or tenants of such housing accommodation, land or 33 commercial space, in the granting, withholding, extending or renewing, 34 or in the fixing of the rates, terms or conditions of, any such credit; 35 b. To discriminate in the granting, withholding, extending or renew- 36 ing, or in the fixing of the rates, terms or conditions of, any form of 37 credit, on the basis of race, creed, color, national origin, sexual 38 orientation, GENDER IDENTITY OR EXPRESSION, military status, age, sex, 39 marital status, disability, or familial status; 40 c. To use any form of application for credit or use or make any record 41 or inquiry which expresses, directly or indirectly, any limitation, 42 specification, or discrimination as to race, creed, color, national 43 origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military 44 status, age, sex, marital status, disability, or familial status; 45 d. To make any inquiry of an applicant concerning his or her capacity 46 to reproduce, or his or her use or advocacy of any form of birth control 47 or family planning; 48 e. To refuse to consider sources of an applicant's income or to 49 subject an applicant's income to discounting, in whole or in part, 50 because of an applicant's race, creed, color, national origin, sexual 51 orientation, GENDER IDENTITY OR EXPRESSION, military status, age, sex, 52 marital status, childbearing potential, disability, or familial status; 53 f. To discriminate against a married person because such person 54 neither uses nor is known by the surname of his or her spouse. 55 This paragraph shall not apply to any situation where the use of a 56 surname would constitute or result in a criminal act. S. 195 10 1 2. Without limiting the generality of subdivision one of this section, 2 it shall be considered discriminatory if, because of an applicant's or 3 class of applicants' race, creed, color, national origin, sexual orien- 4 tation, GENDER IDENTITY OR EXPRESSION, military status, age, sex, mari- 5 tal status or disability, or familial status, (i) an applicant or class 6 of applicants is denied credit in circumstances where other applicants 7 of like overall credit worthiness are granted credit, or (ii) special 8 requirements or conditions, such as requiring co-obligors or reapplica- 9 tion upon marriage, are imposed upon an applicant or class of applicants 10 in circumstances where similar requirements or conditions are not 11 imposed upon other applicants of like overall credit worthiness. 12 3. It shall not be considered discriminatory if credit differen- 13 tiations or decisions are based upon factually supportable, objective 14 differences in applicants' overall credit worthiness, which may include 15 reference to such factors as current income, assets and prior credit 16 history of such applicants, as well as reference to any other relevant 17 factually supportable data; provided, however, that no creditor shall 18 consider, in evaluating the credit worthiness of an applicant, aggregate 19 statistics or assumptions relating to race, creed, color, national 20 origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, military 21 status, sex, marital status or disability, or to the likelihood of any 22 group of persons bearing or rearing children, or for that reason receiv- 23 ing diminished or interrupted income in the future. 24 S 15. Paragraph (b) of subdivision 2 of section 296-b of the executive 25 law, as added by chapter 481 of the laws of 2010, is amended to read as 26 follows: 27 (b) Subject a domestic worker to unwelcome harassment based on gender, 28 race, religion, SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION or 29 national origin, where such harassment has the purpose or effect of 30 unreasonably interfering with an individual's work performance by creat- 31 ing an intimidating, hostile, or offensive working environment. 32 S 16. Section 40-c of the civil rights law, as amended by chapter 2 of 33 the laws of 2002, is amended to read as follows: 34 S 40-c. Discrimination. 1. All persons within the jurisdiction of this 35 state shall be entitled to the equal protection of the laws of this 36 state or any subdivision thereof. 37 2. No person shall, because of race, creed, color, national origin, 38 sex, marital status, sexual orientation, GENDER IDENTITY OR EXPRESSION, 39 or disability, as such term is defined in section two hundred ninety-two 40 of the executive law, be subjected to any discrimination in his or her 41 civil rights, or to any harassment, as defined in section 240.25 of the 42 penal law, in the exercise thereof, by any other person or by any firm, 43 corporation or institution, or by the state or any agency or subdivision 44 of the state. 45 S 17. Paragraph (a) of subdivision 1 of section 313 of the education 46 law, as amended by chapter 2 of the laws of 2002, is amended to read as 47 follows: 48 (a) It is hereby declared to be the policy of the state that the Amer- 49 ican ideal of equality of opportunity requires that students, otherwise 50 qualified, be admitted to educational institutions and be given access 51 to all the educational programs and courses operated or provided by such 52 institutions without regard to race, color, sex, religion, creed, mari- 53 tal status, age, sexual orientation as defined in section two hundred 54 ninety-two of the executive law, GENDER IDENTITY OR EXPRESSION AS 55 DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, or 56 national origin, except that, with regard to religious or denominational S. 195 11 1 educational institutions, students, otherwise qualified, shall have the 2 equal opportunity to attend therein without discrimination because of 3 race, color, sex, marital status, age, sexual orientation as defined in 4 section two hundred ninety-two of the executive law, GENDER IDENTITY OR 5 EXPRESSION AS DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE 6 LAW, or national origin. It is a fundamental American right for members 7 of various religious faiths to establish and maintain educational insti- 8 tutions exclusively or primarily for students of their own religious 9 faith or to effectuate the religious principles in furtherance of which 10 they are maintained. Nothing herein contained shall impair or abridge 11 that right. 12 S 18. Subdivision 3 of section 313 of the education law, as amended by 13 chapter 2 of the laws of 2002, is amended to read as follows: 14 (3) Unfair educational practices. It shall be an unfair educational 15 practice for an educational institution after September fifteenth, nine- 16 teen hundred forty-eight: 17 (a) To exclude or limit or otherwise discriminate against any person 18 or persons seeking admission as students to such institution or to any 19 educational program or course operated or provided by such institution 20 because of race, religion, creed, sex, color, marital status, age, sexu- 21 al orientation as defined in section two hundred ninety-two of the exec- 22 utive law, GENDER IDENTITY OR EXPRESSION AS DEFINED IN SECTION TWO 23 HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, or national origin; except that 24 nothing in this section shall be deemed to affect, in any way, the right 25 of a religious or denominational educational institution to select its 26 students exclusively or primarily from members of such religion or 27 denomination or from giving preference in such selection to such members 28 or to make such selection of its students as is calculated by such 29 institution to promote the religious principles for which it is estab- 30 lished or maintained. Nothing herein contained shall impair or abridge 31 the right of an independent institution, which establishes or maintains 32 a policy of educating persons of one sex exclusively, to admit students 33 of only one sex. 34 (b) To penalize any individual because he or she has initiated, testi- 35 fied, participated or assisted in any proceedings under this section. 36 (c) To accept any endowment or gift of money or property conditioned 37 upon teaching the doctrine of supremacy of any particular race. 38 (d) With respect to any individual who withdraws from attendance to 39 serve on active duty in the armed forces of the United States in time of 40 war, including any individual who withdrew from attendance on or after 41 August second, nineteen hundred ninety to serve on active duty in the 42 armed forces of the United States in the Persian Gulf conflict: (i) to 43 deny or limit the readmission of such individual to such institution or 44 to any educational program or course operated or provided by such insti- 45 tution because of such withdrawal from attendance or because of the 46 failure to complete any educational program or course due to such with- 47 drawal; (ii) to impose any academic penalty on such person because of 48 such withdrawal or because of the failure to complete any educational 49 program or course due to such withdrawal; (iii) to reduce or eliminate 50 any financial aid award granted to such individual which could not be 51 used, in whole or part, because of such withdrawal or because of the 52 failure to complete any educational program or course due to such with- 53 drawal; or (iv) to fail to provide a credit or refund of tuition and 54 fees paid by such individual for any semester, term or quarter not 55 completed because of such withdrawal or because of the failure to 56 complete any program or course due to such withdrawal. S. 195 12 1 (e) It shall not be an unfair educational practice for any educational 2 institution to use criteria other than race, religion, creed, sex, 3 color, marital status, age, sexual orientation as defined in section two 4 hundred ninety-two of the executive law, GENDER IDENTITY OR EXPRESSION 5 AS DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, or 6 national origin in the admission of students to such institution or to 7 any of the educational programs and courses operated or provided by such 8 institution. 9 S 19. Section 485.00 of the penal law, as added by chapter 107 of the 10 laws of 2000, is amended to read as follows: 11 S 485.00 Legislative findings. 12 The legislature finds and determines as follows: criminal acts involv- 13 ing violence, intimidation and destruction of property based upon bias 14 and prejudice have become more prevalent in New York state in recent 15 years. The intolerable truth is that in these crimes, commonly and 16 justly referred to as "hate crimes", victims are intentionally selected, 17 in whole or in part, because of their race, color, national origin, 18 ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, religious 19 practice, age, disability or sexual orientation. Hate crimes do more 20 than threaten the safety and welfare of all citizens. They inflict on 21 victims incalculable physical and emotional damage and tear at the very 22 fabric of free society. Crimes motivated by invidious hatred toward 23 particular groups not only harm individual victims but send a powerful 24 message of intolerance and discrimination to all members of the group to 25 which the victim belongs. Hate crimes can and do intimidate and disrupt 26 entire communities and vitiate the civility that is essential to healthy 27 democratic processes. In a democratic society, citizens cannot be 28 required to approve of the beliefs and practices of others, but must 29 never commit criminal acts on account of them. Current law does not 30 adequately recognize the harm to public order and individual safety that 31 hate crimes cause. Therefore, our laws must be strengthened to provide 32 clear recognition of the gravity of hate crimes and the compelling 33 importance of preventing their recurrence. 34 Accordingly, the legislature finds and declares that hate crimes 35 should be prosecuted and punished with appropriate severity. 36 S 20. Subdivisions 1, 2 and 4 of section 485.05 of the penal law, as 37 added by chapter 107 of the laws of 2000, are amended to read as 38 follows: 39 1. A person commits a hate crime when he or she commits a specified 40 offense and either: 41 (a) intentionally selects the person against whom the offense is 42 committed or intended to be committed in whole or in substantial part 43 because of a belief or perception regarding the race, color, national 44 origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, reli- 45 gious practice, age, disability or sexual orientation of a person, 46 regardless of whether the belief or perception is correct, or 47 (b) intentionally commits the act or acts constituting the offense in 48 whole or in substantial part because of a belief or perception regarding 49 the race, color, national origin, ancestry, gender, GENDER IDENTITY OR 50 EXPRESSION, religion, religious practice, age, disability or sexual 51 orientation of a person, regardless of whether the belief or perception 52 is correct. 53 2. Proof of race, color, national origin, ancestry, gender, GENDER 54 IDENTITY OR EXPRESSION, religion, religious practice, age, disability or 55 sexual orientation of the defendant, the victim or of both the defendant 56 and the victim does not, by itself, constitute legally sufficient S. 195 13 1 evidence satisfying the people's burden under paragraph (a) or (b) of 2 subdivision one of this section. 3 4. For purposes of this section: 4 (a) the term "age" means sixty years old or more; 5 (b) the term "disability" means a physical or mental impairment that 6 substantially limits a major life activity[.]; 7 (C) THE TERM "GENDER IDENTITY OR EXPRESSION" MEANS HAVING OR BEING 8 PERCEIVED AS HAVING A GENDER IDENTITY, SELF-IMAGE, APPEARANCE, BEHAVIOR 9 OR EXPRESSION WHETHER OR NOT THAT GENDER IDENTITY, SELF-IMAGE, APPEAR- 10 ANCE, BEHAVIOR OR EXPRESSION IS DIFFERENT FROM THAT TRADITIONALLY ASSO- 11 CIATED WITH THE SEX ASSIGNED TO THAT PERSON AT BIRTH. 12 S 21. Subdivision 3 of section 240.30 of the penal law, as amended by 13 chapter 510 of the laws of 2008, is amended to read as follows: 14 3. Strikes, shoves, kicks, or otherwise subjects another person to 15 physical contact, or attempts or threatens to do the same because of a 16 belief or perception regarding such person's race, color, national 17 origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, reli- 18 gious practice, age, disability or sexual orientation, regardless of 19 whether the belief or perception is correct; or 20 S 22. The opening paragraph of section 240.31 of the penal law, as 21 amended by chapter 49 of the laws of 2006, is amended to read as 22 follows: 23 A person is guilty of aggravated harassment in the first degree when 24 with intent to harass, annoy, threaten or alarm another person, because 25 of a belief or perception regarding such person's race, color, national 26 origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, reli- 27 gious practice, age, disability or sexual orientation, regardless of 28 whether the belief or perception is correct, he or she: 29 S 23. Section 240.00 of the penal law is amended by adding a new 30 subdivision 7 to read as follows: 31 7. "GENDER IDENTITY OR EXPRESSION" MEANS HAVING OR BEING PERCEIVED AS 32 HAVING A GENDER IDENTITY, SELF-IMAGE, APPEARANCE, BEHAVIOR OR EXPRESSION 33 WHETHER OR NOT THAT GENDER IDENTITY, SELF-IMAGE, APPEARANCE, BEHAVIOR OR 34 EXPRESSION IS DIFFERENT FROM THAT TRADITIONALLY ASSOCIATED WITH THE SEX 35 ASSIGNED TO THAT PERSON AT BIRTH. 36 S 24. Paragraph (c) of subdivision 7 of section 200.50 of the criminal 37 procedure law, as amended by chapter 7 of the laws of 2007, is amended 38 to read as follows: 39 (c) in the case of any hate crime, as defined in section 485.05 of the 40 penal law, specifies, as applicable, that the defendant or defendants 41 intentionally selected the person against whom the offense was committed 42 or intended to be committed; or intentionally committed the act or acts 43 constituting the offense, in whole or in substantial part because of a 44 belief or perception regarding the race, color, national origin, ances- 45 try, gender, GENDER IDENTITY OR EXPRESSION, religion, religious prac- 46 tice, age, disability or sexual orientation of a person; and 47 S 25. This act shall take effect on the thirtieth day after it shall 48 have become a law; provided, however, that sections nineteen through 49 twenty-four of this act shall take effect on the first of November next 50 succeeding the date on which it shall have become a law.