A 1858: Prohibits discrimination on the basis of a person's height or weight in opportunities of employment, housing, and access to public accommodations.

  
  STATE OF NEW YORK ________________________________________________________________________ 1858 2025-2026 Regular Sessions  IN ASSEMBLY January 14, 2025 ___________ Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, in relation to prohibiting discrimi- nation on the basis of a person's height or weight in opportunities of employment, housing, and access to public accommodations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (a), (b), (c), (d) and (h) of subdivision 1 of 2 section 296 of the executive law, as separately amended by chapters 202 3 and 748 of the laws of 2022, are amended to read as follows: 4 (a) For an employer or licensing agency, because of an individual's 5 age, race, creed, color, national origin, citizenship or immigration 6 status, sexual orientation, gender identity or expression, military 7 status, sex, height, weight, disability, predisposing genetic character- 8 istics, familial status, marital status, or status as a victim of domes- 9 tic violence, to refuse to hire or employ or to bar or to discharge from 10 employment such individual or to discriminate against such individual in 11 compensation or in terms, conditions or privileges of employment. 12 (b) For an employment agency to discriminate against any individual 13 because of age, race, creed, color, national origin, citizenship or 14 immigration status, sexual orientation, gender identity or expression, 15 military status, sex, height, weight, disability, predisposing genetic 16 characteristics, familial status, marital status, or status as a victim 17 of domestic violence, in receiving, classifying, disposing or otherwise 18 acting upon applications for its services or in referring an applicant 19 or applicants to an employer or employers. 20 (c) For a labor organization, because of the age, race, creed, color, 21 national origin, citizenship or immigration status, sexual orientation, 22 gender identity or expression, military status, sex, height, weight, 23 disability, predisposing genetic characteristics, familial status, mari- 24 tal status, or status as a victim of domestic violence, of any individ- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04818-01-5 
 A. 1858 2 1 ual, to exclude or to expel from its membership such individual or to 2 discriminate in any way against any of its members or against any 3 employer or any individual employed by an employer. 4 (d) For any employer or employment agency to print or circulate or 5 cause to be printed or circulated any statement, advertisement or publi- 6 cation, or to use any form of application for employment or to make any 7 inquiry in connection with prospective employment, which expresses 8 directly or indirectly, any limitation, specification or discrimination 9 as to age, race, creed, color, national origin, citizenship or immi- 10 gration status, sexual orientation, gender identity or expression, mili- 11 tary status, sex, height, weight, disability, predisposing genetic char- 12 acteristics, familial status, marital status, or status as a victim of 13 domestic violence, or any intent to make any such limitation, specifica- 14 tion or discrimination, unless based upon a bona fide occupational qual- 15 ification; provided, however, that neither this paragraph nor any 16 provision of this chapter or other law shall be construed to prohibit 17 the department of civil service or the department of personnel of any 18 city containing more than one county from requesting information from 19 applicants for civil service examinations concerning any of the afore- 20 mentioned characteristics, other than sexual orientation, for the 21 purpose of conducting studies to identify and resolve possible problems 22 in recruitment and testing of members of minority groups to ensure the 23 fairest possible and equal opportunities for employment in the civil 24 service for all persons, regardless of age, race, creed, color, national 25 origin, citizenship or immigration status, sexual orientation or gender 26 identity or expression, military status, sex, height, weight, disabili- 27 ty, predisposing genetic characteristics, familial status, or marital 28 status. 29 (h) (1) For an employer, licensing agency, employment agency or labor 30 organization to subject any individual to harassment because of an indi- 31 vidual's age, race, creed, color, national origin, citizenship or immi- 32 gration status, sexual orientation, gender identity or expression, mili- 33 tary status, sex, height, weight, disability, predisposing genetic 34 characteristics, familial status, marital status, status as a victim of 35 domestic violence, or because the individual has opposed any practices 36 forbidden under this article or because the individual has filed a 37 complaint, testified or assisted in any proceeding under this article, 38 regardless of whether such harassment would be considered severe or 39 pervasive under precedent applied to harassment claims. Such harassment 40 is an unlawful discriminatory practice when it subjects an individual to 41 inferior terms, conditions or privileges of employment because of the 42 individual's membership in one or more of these protected categories. 43 The fact that such individual did not make a complaint about the harass- 44 ment to such employer, licensing agency, employment agency or labor 45 organization shall not be determinative of whether such employer, 46 licensing agency, employment agency or labor organization shall be 47 liable. Nothing in this section shall imply that an employee must demon- 48 strate the existence of an individual to whom the employee's treatment 49 must be compared. It shall be an affirmative defense to liability under 50 this subdivision that the harassing conduct does not rise above the 51 level of what a reasonable victim of discrimination with the same 52 protected characteristic or characteristics would consider petty slights 53 or trivial inconveniences. 54 (2) The provisions of this subdivision relating to height and weight 55 shall not apply to an action by an employer, licensing agency, employ- 56 ment agency, or labor organization based on a person's height or weight 
 A. 1858 3 1 when such action is required by federal law or regulation. Nothing in 2 this subdivision shall be construed to prevent alternative actions 3 reasonably taken by an employer, licensing agency, employment agency, or 4 labor organization to allow persons who do not meet occupational height 5 or weight criteria to perform the essential requisites and/or normal 6 operations of a job. In instances where an employer, licensing agency, 7 employment agency, or labor organization's action is not required by law 8 or regulation as described in this paragraph, it shall be an affirmative 9 defense that an action was taken because there were no available alter- 10 native actions the entity could have taken that could have reasonably 11 allowed the person to perform the essential requisites and/or normal 12 operations of the job. 13 § 2. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of 14 the executive law, as separately amended by chapters 202 and 748 of the 15 laws of 2022, are amended and a new paragraph (e) is added to read as 16 follows: 17 (b) To deny to or withhold from any person because of race, creed, 18 color, national origin, citizenship or immigration status, sexual orien- 19 tation, gender identity or expression, military status, sex, height, 20 weight, age, disability, familial status, marital status, or status as a 21 victim of domestic violence, the right to be admitted to or participate 22 in a guidance program, an apprenticeship training program, on-the-job 23 training program, executive training program, or other occupational 24 training or retraining program; 25 (c) To discriminate against any person in [his or her] pursuit of such 26 programs or to discriminate against such a person in the terms, condi- 27 tions or privileges of such programs because of race, creed, color, 28 national origin, citizenship or immigration status, sexual orientation, 29 gender identity or expression, military status, sex, height, weight, 30 age, disability, familial status, marital status, or status as a victim 31 of domestic violence; 32 (d) To print or circulate or cause to be printed or circulated any 33 statement, advertisement or publication, or to use any form of applica- 34 tion for such programs or to make any inquiry in connection with such 35 program which expresses, directly or indirectly, any limitation, spec- 36 ification or discrimination as to race, creed, color, national origin, 37 citizenship or immigration status, sexual orientation, gender identity 38 or expression, military status, sex, height, weight, age, disability, 39 familial status, marital status, or status as a victim of domestic 40 violence, or any intention to make any such limitation, specification or 41 discrimination, unless based on a bona fide occupational qualification. 42 (e) The provisions of this subdivision relating to height and weight 43 shall not apply to an action by an employer, labor organization, employ- 44 ment agency or any joint labor-management committee controlling appren- 45 tice training programs based on a person's height or weight when such 46 action is required by federal law or regulation. Nothing in this subdi- 47 vision shall be construed to prevent alternative actions reasonably 48 taken by an employer, labor organization, employment agency or any joint 49 labor-management committee controlling apprentice training programs to 50 allow persons who do not meet programmatic height or weight criteria to 51 perform the essential requisites and/or normal operations of a guidance 52 program, an apprenticeship training program, on-the-job training 53 program, executive training program, or other occupational training 54 or retraining program. In instances where an employer, labor organiza- 55 tion, employment agency or any joint labor-management committee control- 56 ling apprentice training programs' action is not required by law or 
 A. 1858 4 1 regulation as described in this paragraph, it shall be an affirmative 2 defense that an action was taken because there were no available alter- 3 native actions the entity could have taken that could have reasonably 4 allowed the person to perform the essential requisites and/or normal 5 operations of the guidance program, apprenticeship training program, 6 on-the-job training program, executive training program, or other occu- 7 pational training or retraining program. 8 § 3. Paragraphs (a) and (b) of subdivision 2 of section 296 of the 9 executive law, paragraph (a) as separately amended by chapters 202 and 10 748 of the laws of 2022 and paragraph (b) as amended by chapter 166 of 11 the laws of 2000, are amended and a new paragraph (f) is added to read 12 as follows: 13 (a) It shall be an unlawful discriminatory practice for any person, 14 being the owner, lessee, proprietor, manager, superintendent, agent or 15 employee of any place of public accommodation, resort or amusement, 16 because of the race, creed, color, national origin, citizenship or immi- 17 gration status, sexual orientation, gender identity or expression, mili- 18 tary status, sex, height, weight, disability, marital status, or status 19 as a victim of domestic violence, of any person, directly or indirectly, 20 to refuse, withhold from or deny to such person any of the accommo- 21 dations, advantages, facilities or privileges thereof, including the 22 extension of credit, or, directly or indirectly, to publish, circulate, 23 issue, display, post or mail any written or printed communication, 24 notice or advertisement, to the effect that any of the accommodations, 25 advantages, facilities and privileges of any such place shall be 26 refused, withheld from or denied to any person on account of race, 27 creed, color, national origin, citizenship or immigration status, sexual 28 orientation, gender identity or expression, military status, sex, 29 height, weight, disability or marital status, or that the patronage or 30 custom thereat of any person of or purporting to be of any particular 31 race, creed, color, national origin, citizenship or immigration status, 32 sexual orientation, gender identity or expression, military status, sex 33 or marital status, or having a disability is unwelcome, objectionable or 34 not acceptable, desired or solicited. 35 (b) Nothing in this subdivision shall be construed to prevent the 36 barring of any person, because of the sex of such person, from places of 37 public accommodation, resort or amusement if the division grants an 38 exemption based on bona fide considerations of public policy; nor shall 39 this subdivision apply to the rental of rooms in a housing accommodation 40 which restricts such rental to individuals of one sex. Nothing in this 41 subdivision shall be construed to prevent the barring of any person, 42 because of height or weight of such person, from places of amusement for 43 purposes of compliance with any reasonable amusement industry safety 44 standards. 45 (f) The provisions of this subdivision relating to height and weight 46 shall not apply to an action by any person, being the owner, lessee, 47 proprietor, manager, superintendent, agent or employee of any place of 48 public accommodation, resort or amusement, based on a person's height or 49 weight when such action is required by federal law or regulation, or 50 required by reasonable state safety law or regulation. Nothing in this 51 subdivision shall be construed to prevent alternative actions reasonably 52 taken by any person, being the owner, lessee, proprietor, manager, 53 superintendent, agent or employee of any place of public accommodation, 54 resort or amusement, to allow persons who do not meet height or weight 55 criteria necessary for the normal operations of a particular place or 56 provider of accommodation, or a category of such places or providers, to 
 A. 1858 5 1 use or enjoy the accommodations, advantages, services, facilities, or 2 privileges of the place or provider of public accommodation. In 3 instances where any person, being the owner, lessee, proprietor, manag- 4 er, superintendent, agent or employee of any place of public accommo- 5 dation, resort or amusement, action is not required by law or regulation 6 as described in this paragraph, it shall be an affirmative defense that 7 an action was taken because there were no available alternative actions 8 the entity could have taken that could have reasonably allowed the 9 person to use or enjoy the accommodations, advantages, services, facili- 10 ties, or privileges of the place or provider of public accommodation. 11 § 4. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section 12 296 of the executive law, as separately amended by chapters 202 and 748 13 of the laws of 2022, are amended to read as follows: 14 (a) To refuse to sell, rent or lease or otherwise to deny to or with- 15 hold from any person or group of persons such housing accommodations 16 because of the race, creed, color, disability, national origin, citizen- 17 ship or immigration status, sexual orientation, gender identity or 18 expression, military status, age, sex, height, weight, marital status, 19 status as a victim of domestic violence, lawful source of income or 20 familial status of such person or persons, or to represent that any 21 housing accommodation or land is not available for inspection, sale, 22 rental or lease when in fact it is so available. 23 (b) To discriminate against any person because of [his or her] race, 24 creed, color, disability, national origin, citizenship or immigration 25 status, sexual orientation, gender identity or expression, military 26 status, age, sex, height, weight, marital status, status as a victim of 27 domestic violence, lawful source of income or familial status in the 28 terms, conditions or privileges of any publicly-assisted housing accom- 29 modations or in the furnishing of facilities or services in connection 30 therewith. 31 (c) To cause to be made any written or oral inquiry or record concern- 32 ing the race, creed, color, disability, national origin, citizenship or 33 immigration status, sexual orientation, gender identity or expression, 34 membership in the reserve armed forces of the United States or in the 35 organized militia of the state, age, sex, height, weight, marital 36 status, status as a victim of domestic violence, lawful source of income 37 or familial status of a person seeking to rent or lease any publicly-as- 38 sisted housing accommodation; provided, however, that nothing in this 39 subdivision shall prohibit a member of the reserve armed forces of the 40 United States or in the organized militia of the state from voluntarily 41 disclosing such membership. 42 (c-1) To print or circulate or cause to be printed or circulated any 43 statement, advertisement or publication, or to use any form of applica- 44 tion for the purchase, rental or lease of such housing accommodation or 45 to make any record or inquiry in connection with the prospective 46 purchase, rental or lease of such a housing accommodation which 47 expresses, directly or indirectly, any limitation, specification or 48 discrimination as to race, creed, color, national origin, citizenship or 49 immigration status, sexual orientation, gender identity or expression, 50 military status, sex, height, weight, age, disability, marital status, 51 status as a victim of domestic violence, lawful source of income or 52 familial status, or any intent to make any such limitation, specifica- 53 tion or discrimination. 54 § 5. Subdivisions 3-b, 4 and 13 of section 296 of the executive law, 55 as separately amended by chapters 202 and 748 of the laws of 2022, are 56 amended to read as follows: 
 A. 1858 6 1 3-b. It shall be an unlawful discriminatory practice for any real 2 estate broker, real estate salesperson or employee or agent thereof or 3 any other individual, corporation, partnership or organization for the 4 purpose of inducing a real estate transaction from which any such person 5 or any of its stockholders or members may benefit financially, to repre- 6 sent that a change has occurred or will or may occur in the composition 7 with respect to race, creed, color, national origin, citizenship or 8 immigration status, sexual orientation, gender identity or expression, 9 military status, sex, height, weight, disability, marital status, status 10 as a victim of domestic violence, or familial status of the owners or 11 occupants in the block, neighborhood or area in which the real property 12 is located, and to represent, directly or indirectly, that this change 13 will or may result in undesirable consequences in the block, neighbor- 14 hood or area in which the real property is located, including but not 15 limited to the lowering of property values, an increase in criminal or 16 anti-social behavior, or a decline in the quality of schools or other 17 facilities. 18 4. (a) It shall be an unlawful discriminatory practice for an educa- 19 tional institution to deny the use of its facilities to any person 20 otherwise qualified, or to permit the harassment of any student or 21 applicant, by reason of [his] race, color, religion, disability, 22 national origin, citizenship or immigration status, sexual orientation, 23 gender identity or expression, military status, sex, height, weight, 24 age, marital status, or status as a victim of domestic violence, except 25 that any such institution which establishes or maintains a policy of 26 educating persons of one sex exclusively may admit students of only one 27 sex. 28 (b) The provisions of this subdivision relating to height and weight 29 shall not apply to an action by an educational institution based on a 30 person's height or weight when such action is required by federal law or 31 regulation. Nothing in this subdivision shall be construed to prevent 32 alternative actions reasonably taken by an educational institution to 33 allow persons who do not meet height or weight criteria to participate 34 in educational institution programs, such as athletic programs or other 35 extracurricular programs. In instances where an educational facility's 36 action is not required by law or regulation as described in this para- 37 graph, it shall be an affirmative defense that an action was taken 38 because there were no available alternative actions the entity could 39 have taken that could have reasonably allowed the person to participate 40 in an educational institution's program. 41 13. It shall be an unlawful discriminatory practice (i) for any person 42 to boycott or blacklist, or to refuse to buy from, sell to or trade 43 with, or otherwise discriminate against any person, because of the race, 44 creed, color, national origin, citizenship or immigration status, sexual 45 orientation, gender identity or expression, military status, sex, 46 height, weight, status as a victim of domestic violence, disability, or 47 familial status, or of such person, or of such person's partners, 48 members, stockholders, directors, officers, managers, superintendents, 49 agents, employees, business associates, suppliers or customers, or (ii) 50 for any person wilfully to do any act or refrain from doing any act 51 which enables any such person to take such action. This subdivision 52 shall not apply to: 53 (a) Boycotts connected with labor disputes; or 54 (b) Boycotts to protest unlawful discriminatory practices. 
 A. 1858 7 1 § 6. Paragraphs (a), (b), (c) and (d) of subdivision 5 of section 296 2 of the executive law, as separately amended by chapters 202 and 748 of 3 the laws of 2022, are amended to read as follows: 4 (a) It shall be an unlawful discriminatory practice for the owner, 5 lessee, sub-lessee, assignee, or managing agent of, or other person 6 having the right to sell, rent or lease a housing accommodation, 7 constructed or to be constructed, or any agent or employee thereof: 8 (1) To refuse to sell, rent, lease or otherwise to deny to or withhold 9 from any person or group of persons such a housing accommodation because 10 of the race, creed, color, national origin, citizenship or immigration 11 status, sexual orientation, gender identity or expression, military 12 status, sex, height, weight, age, disability, marital status, status as 13 a victim of domestic violence, lawful source of income or familial 14 status of such person or persons, or to represent that any housing 15 accommodation or land is not available for inspection, sale, rental or 16 lease when in fact it is so available. 17 (2) To discriminate against any person because of race, creed, color, 18 national origin, citizenship or immigration status, sexual orientation, 19 gender identity or expression, military status, sex, height, weight, 20 age, disability, marital status, status as a victim of domestic 21 violence, lawful source of income or familial status in the terms, 22 conditions or privileges of the sale, rental or lease of any such hous- 23 ing accommodation or in the furnishing of facilities or services in 24 connection therewith. 25 (3) To print or circulate or cause to be printed or circulated any 26 statement, advertisement or publication, or to use any form of applica- 27 tion for the purchase, rental or lease of such housing accommodation or 28 to make any record or inquiry in connection with the prospective 29 purchase, rental or lease of such a housing accommodation which 30 expresses, directly or indirectly, any limitation, specification or 31 discrimination as to race, creed, color, national origin, citizenship or 32 immigration status, sexual orientation, gender identity or expression, 33 military status, sex, height, weight, age, disability, marital status, 34 status as a victim of domestic violence, lawful source of income or 35 familial status, or any intent to make any such limitation, specifica- 36 tion or discrimination. 37 (4) (i) The provisions of subparagraphs one and two of this paragraph 38 shall not apply (1) to the rental of a housing accommodation in a build- 39 ing which contains housing accommodations for not more than two families 40 living independently of each other, if the owner resides in one of such 41 housing accommodations, (2) to the restriction of the rental of all 42 rooms in a housing accommodation to individuals of the same sex or (3) 43 to the rental of a room or rooms in a housing accommodation, if such 44 rental is by the occupant of the housing accommodation or by the owner 45 of the housing accommodation and the owner resides in such housing 46 accommodation or (4) solely with respect to age and familial status to 47 the restriction of the sale, rental or lease of housing accommodations 48 exclusively to persons sixty-two years of age or older and the spouse of 49 any such person, or for housing intended and operated for occupancy by 50 at least one person fifty-five years of age or older per unit. In deter- 51 mining whether housing is intended and operated for occupancy by persons 52 fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 53 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall 54 apply. However, such rental property shall no longer be exempt from the 55 provisions of subparagraphs one and two of this paragraph if there is 
 A. 1858 8 1 unlawful discriminatory conduct pursuant to subparagraph three of this 2 paragraph. 3 (ii) The provisions of subparagraphs one, two, and three of this para- 4 graph shall not apply (1) to the restriction of the rental of all rooms 5 in a housing accommodation to individuals of the same sex, (2) to the 6 rental of a room or rooms in a housing accommodation, if such rental is 7 by the occupant of the housing accommodation or by the owner of the 8 housing accommodation and the owner resides in such housing accommo- 9 dation, or (3) solely with respect to age and familial status to the 10 restriction of the sale, rental or lease of housing accommodations 11 exclusively to persons sixty-two years of age or older and the spouse of 12 any such person, or for housing intended and operated for occupancy by 13 at least one person fifty-five years of age or older per unit. In deter- 14 mining whether housing is intended and operated for occupancy by persons 15 fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 16 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall 17 apply. 18 (b) It shall be an unlawful discriminatory practice for the owner, 19 lessee, sub-lessee, or managing agent of, or other person having the 20 right of ownership or possession of or the right to sell, rent or lease, 21 land or commercial space: 22 (1) To refuse to sell, rent, lease or otherwise deny to or withhold 23 from any person or group of persons land or commercial space because of 24 the race, creed, color, national origin, citizenship or immigration 25 status, sexual orientation, gender identity or expression, military 26 status, sex, height, weight, age, disability, marital status, status as 27 a victim of domestic violence, or familial status of such person or 28 persons, or to represent that any housing accommodation or land is not 29 available for inspection, sale, rental or lease when in fact it is so 30 available; 31 (2) To discriminate against any person because of race, creed, color, 32 national origin, citizenship or immigration status, sexual orientation, 33 gender identity or expression, military status, sex, height, weight, 34 age, disability, marital status, status as a victim of domestic 35 violence, or familial status in the terms, conditions or privileges of 36 the sale, rental or lease of any such land or commercial space; or in 37 the furnishing of facilities or services in connection therewith; 38 (3) To print or circulate or cause to be printed or circulated any 39 statement, advertisement or publication, or to use any form of applica- 40 tion for the purchase, rental or lease of such land or commercial space 41 or to make any record or inquiry in connection with the prospective 42 purchase, rental or lease of such land or commercial space which 43 expresses, directly or indirectly, any limitation, specification or 44 discrimination as to race, creed, color, national origin, citizenship or 45 immigration status, sexual orientation, gender identity or expression, 46 military status, sex, height, weight, age, disability, marital status, 47 status as a victim of domestic violence, or familial status; or any 48 intent to make any such limitation, specification or discrimination. 49 (4) With respect to age and familial status, the provisions of this 50 paragraph shall not apply to the restriction of the sale, rental or 51 lease of land or commercial space exclusively to persons fifty-five 52 years of age or older and the spouse of any such person, or to the 53 restriction of the sale, rental or lease of land to be used for the 54 construction, or location of housing accommodations exclusively for 55 persons sixty-two years of age or older, or intended and operated for 56 occupancy by at least one person fifty-five years of age or older per 
 A. 1858 9 1 unit. In determining whether housing is intended and operated for occu- 2 pancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c) 3 (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as 4 amended, shall apply. 5 (c) It shall be an unlawful discriminatory practice for any real 6 estate broker, real estate salesperson or employee or agent thereof: 7 (1) To refuse to sell, rent or lease any housing accommodation, land 8 or commercial space to any person or group of persons or to refuse to 9 negotiate for the sale, rental or lease, of any housing accommodation, 10 land or commercial space to any person or group of persons because of 11 the race, creed, color, national origin, citizenship or immigration 12 status, sexual orientation, gender identity or expression, military 13 status, sex, height, weight, age, disability, marital status, status as 14 a victim of domestic violence, lawful source of income or familial 15 status of such person or persons, or to represent that any housing 16 accommodation, land or commercial space is not available for inspection, 17 sale, rental or lease when in fact it is so available, or otherwise to 18 deny or withhold any housing accommodation, land or commercial space or 19 any facilities of any housing accommodation, land or commercial space 20 from any person or group of persons because of the race, creed, color, 21 national origin, citizenship or immigration status, sexual orientation, 22 gender identity or expression, military status, sex, height, weight, 23 age, disability, marital status, lawful source of income or familial 24 status of such person or persons. 25 (2) To print or circulate or cause to be printed or circulated any 26 statement, advertisement or publication, or to use any form of applica- 27 tion for the purchase, rental or lease of any housing accommodation, 28 land or commercial space or to make any record or inquiry in connection 29 with the prospective purchase, rental or lease of any housing accommo- 30 dation, land or commercial space which expresses, directly or indirect- 31 ly, any limitation, specification, or discrimination as to race, creed, 32 color, national origin, citizenship or immigration status, sexual orien- 33 tation, gender identity or expression, military status, sex, height, 34 weight, age, disability, marital status, status as a victim of domestic 35 violence, lawful source of income or familial status; or any intent to 36 make any such limitation, specification or discrimination. 37 (3) With respect to age and familial status, the provisions of this 38 paragraph shall not apply to the restriction of the sale, rental or 39 lease of any housing accommodation, land or commercial space exclusively 40 to persons fifty-five years of age or older and the spouse of any such 41 person, or to the restriction of the sale, rental or lease of any hous- 42 ing accommodation or land to be used for the construction or location of 43 housing accommodations for persons sixty-two years of age or older, or 44 intended and operated for occupancy by at least one person fifty-five 45 years of age or older per unit. In determining whether housing is 46 intended and operated for occupancy by persons fifty-five years of age 47 or older, Sec. 807 (b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the 48 federal Fair Housing Act of 1988, as amended, shall apply. 49 (d) It shall be an unlawful discriminatory practice for any real 50 estate board, because of the race, creed, color, national origin, citi- 51 zenship or immigration status, sexual orientation, gender identity or 52 expression, military status, age, sex, height, weight, disability, mari- 53 tal status, status as a victim of domestic violence, lawful source of 54 income or familial status of any individual who is otherwise qualified 55 for membership, to exclude or expel such individual from membership, or 
 A. 1858 10 1 to discriminate against such individual in the terms, conditions and 2 privileges of membership in such board. 3 § 7. Subdivisions 1, 2 and 3 of section 296-a of the executive law, as 4 separately amended by chapters 202 and 748 of the laws of 2022, are 5 amended to read as follows: 6 1. It shall be an unlawful discriminatory practice for any creditor or 7 any officer, agent or employee thereof: 8 a. In the case of applications for credit with respect to the 9 purchase, acquisition, construction, rehabilitation, repair or mainte- 10 nance of any housing accommodation, land or commercial space to discrim- 11 inate against any such applicant because of the race, creed, color, 12 national origin, citizenship or immigration status, sexual orientation, 13 gender identity or expression, military status, age, sex, height, 14 weight, marital status, status as a victim of domestic violence, disa- 15 bility, or familial status of such applicant or applicants or any 16 member, stockholder, director, officer or employee of such applicant or 17 applicants, or of the prospective occupants or tenants of such housing 18 accommodation, land or commercial space, in the granting, withholding, 19 extending or renewing, or in the fixing of the rates, terms or condi- 20 tions of, any such credit; 21 b. To discriminate in the granting, withholding, extending or renew- 22 ing, or in the fixing of the rates, terms or conditions of, any form of 23 credit, on the basis of race, creed, color, national origin, citizenship 24 or immigration status, sexual orientation, gender identity or 25 expression, military status, age, sex, height, weight, marital status, 26 status as a victim of domestic violence, disability, or familial status; 27 c. To use any form of application for credit or use or make any record 28 or inquiry which expresses, directly or indirectly, any limitation, 29 specification, or discrimination as to race, creed, color, national 30 origin, citizenship or immigration status, sexual orientation, gender 31 identity or expression, military status, age, sex, height, weight, mari- 32 tal status, status as a victim of domestic violence, disability, or 33 familial status; 34 d. To make any inquiry of an [applicant concerning his or her] appli- 35 cant's capacity to reproduce, or [his or her] such applicant's use or 36 advocacy of any form of birth control or family planning; 37 e. To refuse to consider sources of an applicant's income or to 38 subject an applicant's income to discounting, in whole or in part, 39 because of an applicant's race, creed, color, national origin, citizen- 40 ship or immigration status, sexual orientation, gender identity or 41 expression, military status, age, sex, height, weight, marital status, 42 status as a victim of domestic violence, childbearing potential, disa- 43 bility, or familial status; 44 f. To discriminate against a married person because such person 45 neither uses nor is known by the surname of [his or her] their spouse. 46 This paragraph shall not apply to any situation where the use of a 47 surname would constitute or result in a criminal act. 48 2. Without limiting the generality of subdivision one of this section, 49 it shall be considered discriminatory if, because of an applicant's or 50 class of applicants' race, creed, color, national origin, citizenship or 51 immigration status, sexual orientation, gender identity or expression, 52 military status, age, sex, height, weight, marital status, status as a 53 victim of domestic violence, disability, or familial status, (i) an 54 applicant or class of applicants is denied credit in circumstances where 55 other applicants of like overall credit worthiness are granted credit, 56 or (ii) special requirements or conditions, such as requiring co-obli- 
 A. 1858 11 1 gors or reapplication upon marriage, are imposed upon an applicant or 2 class of applicants in circumstances where similar requirements or 3 conditions are not imposed upon other applicants of like overall credit 4 worthiness. 5 3. It shall not be considered discriminatory if credit differen- 6 tiations or decisions are based upon factually supportable, objective 7 differences in applicants' overall credit worthiness, which may include 8 reference to such factors as current income, assets and prior credit 9 history of such applicants, as well as reference to any other relevant 10 factually supportable data; provided, however, that no creditor shall 11 consider, in evaluating the credit worthiness of an applicant, aggregate 12 statistics or assumptions relating to race, creed, color, national 13 origin, citizenship or immigration status, sexual orientation, gender 14 identity or expression, military status, sex, height, weight, marital 15 status, status as a victim of domestic violence or disability, or to the 16 likelihood of any group of persons bearing or rearing children, or for 17 that reason receiving diminished or interrupted income in the future. 18 § 8. Subdivision 2 and paragraph b of subdivision 3 of section 296-c 19 of the executive law, subdivision 2 as separately amended by chapters 20 202 and 748 of the laws of 2022, paragraphs a, b, and c of subdivision 2 21 and paragraph b of subdivision 3 as amended by chapter 305 of the laws 22 of 2023, are amended to read as follows: 23 2. It shall be an unlawful discriminatory practice for an employer to: 24 a. refuse to hire or employ or to bar or to discharge from internship 25 an intern or to discriminate against such intern in terms, conditions or 26 privileges of employment as an intern because of the intern's age, race, 27 creed, color, national origin, citizenship or immigration status, sexual 28 orientation, gender identity or expression, military status, sex, 29 height, weight, disability, predisposing genetic characteristics, mari- 30 tal status, or status as a victim of domestic violence; 31 b. discriminate against an intern in receiving, classifying, disposing 32 or otherwise acting upon applications for internships because of the 33 intern's age, race, creed, color, national origin, citizenship or immi- 34 gration status, sexual orientation, gender identity or expression, mili- 35 tary status, sex, height, weight, disability, predisposing genetic char- 36 acteristics, marital status, or status as a victim of domestic violence; 37 c. print or circulate or cause to be printed or circulated any state- 38 ment, advertisement or publication, or to use any form of application 39 for employment as an intern or to make any inquiry in connection with 40 prospective employment, which expresses directly or indirectly, any 41 limitation, specification or discrimination as to age, race, creed, 42 color, national origin, citizenship or immigration status, sexual orien- 43 tation, gender identity or expression, military status, sex, height, 44 weight, disability, predisposing genetic characteristics, marital status 45 or status as a victim of domestic violence, or any intent to make any 46 such limitation, specification or discrimination, unless based upon a 47 bona fide occupational qualification; provided, however, that neither 48 this paragraph nor any provision of this chapter or other law shall be 49 construed to prohibit the department of civil service or the department 50 of personnel of any city containing more than one county from requesting 51 information from applicants for civil service internships or examina- 52 tions concerning any of the aforementioned characteristics, other than 53 sexual orientation, for the purpose of conducting studies to identify 54 and resolve possible problems in recruitment and testing of members of 55 minority groups to ensure the fairest possible and equal opportunities 56 for employment in the civil service for all persons, regardless of age, 
 A. 1858 12 1 race, creed, color, national origin, citizenship or immigration status, 2 sexual orientation, military status, sex, height, weight, disability, 3 predisposing genetic characteristics, marital status or status as a 4 victim of domestic violence; 5 d. to discharge, expel or otherwise discriminate against any person 6 [because he or she] who has opposed any practices forbidden under this 7 article or [because he or she] who has filed a complaint, testified or 8 assisted in any proceeding under this article; [or] 9 e. to compel an intern who is pregnant to take a leave of absence, 10 unless the intern is prevented by such pregnancy from performing the 11 activities involved in the job or occupation in a reasonable manner[.]; 12 or 13 f. the provisions of this subdivision relating to height and weight 14 shall not apply to an action by an employer based on a person's height 15 or weight when such action is required by federal law or regulation. 16 Nothing in this subdivision shall be construed to prevent alternative 17 actions reasonably taken by an employer to allow persons who do not meet 18 height or weight criteria to perform the essential requisites and/or 19 normal operations of an internship. In instances where an employer is 20 not required by law or regulation as described in this paragraph, it 21 shall be an affirmative defense that an action was taken because there 22 were no available alternative actions the employer could have taken that 23 could have reasonably allowed the person to perform the essential requi- 24 sites and/or normal operations of the internship. 25 b. subject an intern to unwelcome harassment based on age, sex, 26 height, weight, race, creed, color, sexual orientation, gender identity 27 or expression, military status, disability, predisposing genetic charac- 28 teristics, marital status, status as a victim of domestic violence, 29 national origin, or citizenship or immigration status, or where such 30 harassment has the purpose or effect of unreasonably interfering with 31 the intern's work performance by creating an intimidating, hostile, or 32 offensive working environment. 33 § 9. Section 292 of the executive law is amended by adding two new 34 subdivisions 42 and 43 to read as follows: 35 42. The term "weight" means a numerical measurement of total body 36 weight, the ratio of a person's weight in relation to height, the ratio 37 of a person's weight in relation to any measurement or measurements, or 38 an individual's unique physical composition of weight through body size, 39 shape and proportions. Weight includes measurements of individual body 40 components, such as waist, hip, or chest and any ratio of such body 41 measurements. Weight encompasses, but is not limited to, an impression 42 of a person as fat or thin regardless of numerical measurement. An indi- 43 vidual's body size, shape proportions, and composition may make them 44 appear fat or thin regardless of numerical weight. 45 43. The term "height" means a numerical measurement of total body 46 height, the expression of a person's height in relation to weight, the 47 ratio of a person's height in relation to any measurement or measure- 48 ments, or an individual's unique physical composition of height through 49 body size, shape, or proportions. Height includes measurements of indi- 50 vidual body components, such as leg, torso, arm, foot, and neck. Height 51 encompasses, but is not limited to, an impression of a person as tall or 52 short regardless of numerical measurement. The length of a person's 53 limbs in proportion to the person's body may create the impression of 54 the person as tall, short, or atypically proportioned, independent of 55 numerical measurements of height. 
 A. 1858 13 1 § 10. This act shall not annul, alter, affect or exempt any employer 2 subject to the provisions of this act from complying with the laws, 3 ordinances, rules or regulations of any locality, except to the extent 4 that such laws, ordinances, rules or regulations are inconsistent with 5 any provision of this act, but no such law, ordinance, rule or regu- 6 lation shall be considered inconsistent if it affords equal or greater 7 protection to the employee. 8 § 11. This act shall take effect on the one hundred eightieth day 9 after it shall have become a law. Effective immediately, the addition, 10 amendment and/or repeal of any rule or regulation necessary for the 11 implementation of this act on its effective date are authorized to be 12 made and completed on or before such effective date.