[Adopted 8-28-2001 by L.L. No. 14-2001 (Ch. 89, Art. IV,
of the 1985 Code); amended in its entirety 9-9-2014 by L.L. No. 25-2014]
Each year a number of Suffolk County residents are subject to
incidents of violence and other acts of prejudice committed in Suffolk
County based upon actual or perceived differences, including those
based on race, color, gender, creed, national origin, age, alienage
or citizenship status, sexual orientation, disability, marital status,
familial status, military status, source of income, or status as a
victim of domestic violence. Such acts of prejudice, intolerance,
bigotry, discrimination, and disorder threaten the rights and proper
privileges of the County's inhabitants and create a danger to the
health, safety and welfare of the County and its inhabitants. Therefore,
the purpose of this article is to create a mechanism to eliminate
and prevent discrimination from playing any role in actions that occur
within Suffolk County relating to employment, public accommodations,
housing and other real estate, and to take other actions against prejudice,
intolerance, bigotry, discrimination and bias-related violence or
harassment.
As used in this article, the following terms shall have the
meanings indicated:
Any person or entity, whether or not for financial consideration,
with the authority to engage in any act on behalf of an employer or
property owner, or other person or entity in control of such accommodation.
The term "agent" shall include, but not be limited to, a real estate
salesperson or real estate broker.
Any space in a building, structure, or portion thereof which
is used or occupied or is intended, arranged or designed to be used
or occupied for the manufacture, sale, resale, processing, reprocessing,
displaying, storing, handling, garaging or distribution of personal
property; and any space which is used or occupied, or is intended,
arranged or designed to be used or occupied, as a separate business
or professional unit or office in any building, structure or portion
thereof.
The Suffolk County Human Rights Commission.
The County of Suffolk.
A person required to comply with any provision of this article.
The right conferred upon an individual by a creditor to incur
debt and defer its payment, whether or not any interest or finance
charge is made for the exercise of this right.
Any person or financial institution who or which does business
in this state and who or which extends credit or arranges for the
extension of credit by others. The term "creditor" includes, but is
not limited to, banks and trust companies, private bankers, foreign
banking corporations and national banks, savings banks, licensed lenders,
savings and loan associations, credit unions, sales finance companies,
insurance premium finance agencies, insurers, credit card issuers,
mortgage brokers, mortgage companies, mortgage insurance corporations,
wholesale and retail merchants and factors, whatever the form of their
organization.
Meeting the burdens of production and persuasion.
Physical, medical or mental impairment.
A physical, mental, or medical impairment resulting from an
anatomical, physiological, genetic or neurological condition which
prevents the exercise of a normal bodily function or is demonstrable
by medically accepted clinical or laboratory diagnostic techniques;
or
A record of such an impairment.
In the case of alcoholism, drug addiction or other substance
abuse, the term "disability" shall only apply to an individual who:
As defined in § 2 of the New York State Labor Law, as same may be amended from time to time.
Shall not include any individual employed by his or her parents, spouse or child, or in the domestic service of any person, except as set forth in § 528-11.
As defined in § 292 of the New York Executive Law,
as same may be amended from time to time.
Any person undertaking to procure employees or opportunities
to work.
The fundamental job duties of employment position held. The
term "essential functions" does not include the marginal functions
of the position. A job function may be considered essential for any
of several reasons, including, but not limited to, any one or more
of the following:
The reason the position exists is to perform that function;
The limited number of employees available among whom the performance
of that job function can be distributed; and
The function is highly specialized, so that the incumbent in
the position is hired for his or her expertise or ability to perform
the particular function.
Actual or perceived sex of an individual, or an individual's
gender identity, self-image, appearance, behavior or expression, whether
or not it is different from that traditionally associated with the
legal sex assigned to that individual at birth.
The actual or perceived race, color, creed, age, national
origin, alienage or citizenship status, gender, sexual orientation,
disability, marital status, or familial status of any individual,
as well as the actual military status of any individual. This definition
shall include visible traits of an individual, such as natural hair
texture, protective hairstyles and the donning of religious garments
or items.
[Amended 6-23-2020 by L.L. No. 26-2020]
Any dog that is trained to aid an individual who is blind
by a recognized guide dog training center or professional guide dog
trainer, and is actually used for such purpose.
Any dog that is trained to aid an individual with a hearing
impairment by a recognized hearing dog training center or professional
hearing dog trainer, and is actually used for such purpose.
Includes publicly assisted housing accommodations, any building,
structure, or portion thereof which is used or occupied or is intended,
arranged or designed to be used or occupied as the home, residence
or sleeping place of one or more human beings, and any vacant land
offered for sale or lease for the construction or location thereon
of any such buildings, structure, or portion thereof.
Any organization which exists and is constituted for the
purpose, in whole or in part, of collective bargaining or of dealing
with employers concerning grievances, terms or conditions of employment,
or of mutual aid or protection in connection with employment.
Includes, but is not limited to, income derived from social
security, or any form of federal, state or local public assistance
or housing assistance, including the Housing Choice Voucher Program.
An individual's participation in the military service of
the United States or the military service of the state, including,
but not limited to, the armed forces of the United States, the Army
National Guard, the Air National Guard, the New York Naval Militia,
the New York Guard, and such additional forces as may be created by
the federal or state government as authorized by law.
Includes a dwelling which is occupied primarily for permanent
residence purposes and which is either rented, leased, let or hired
out to be occupied as the residence or home of three or more families
living independently of each other. A multiple dwelling shall not
be deemed to include a hospital, convent, monastery, asylum, or public
institution, or a fireproof building used wholly for commercial purposes
except for not more than one janitor's apartment and not more than
one penthouse occupied by not more than two families. The term "family,"
as used herein, means either an individual occupying a dwelling and
maintaining a household, with not more than four boarders, roomers
or lodgers, or two or more individuals occupying a dwelling, living
together and maintaining a household, with not more than four boarders,
roomers or lodgers, or two or more individuals occupying a dwelling,
living together and maintaining a common household, with not more
than four boarders, roomers or lodgers. A "boarder," "roomer" or "lodger"
residing with a family means an individual living within the household
who pays a consideration for such residence and does not occupy such
space within the household as an incident of employment therein.
Includes "ancestry."
Includes one or more natural persons, proprietorships, limited-liability
companies, partnerships, associations, group associations, organizations,
corporations of all types, governmental bodies or agencies, mutual
companies, joint-stock companies, trusts, unincorporated associations,
legal representatives, trustees, trustees in bankruptcy, fiduciary
receivers, or receivers.
Except as hereinafter specified, includes providers, whether
licensed or unlicensed, of goods, services, facilities, accommodations,
advantages and privileges of any kind, and places, whether licensed
or unlicensed, where goods, services, facilities, accommodations,
advantages and privileges of any kind are extended, offered, sold,
consumed or otherwise made available to the public.
Such term shall not include public libraries, kindergartens,
primary and secondary schools, high schools, academies, colleges and
universities, professional schools, extension courses, and any educational
institutions under the supervision of the regents of the State of
New York; any public library, kindergarten, primary and secondary
school, high school, academy, college, university, professional school,
extension course or other educational facility supported in whole
or in part by public funds or contributions solicited from the general
public; any club or organization which by its nature is distinctly
private, but no such club or organization shall be considered by its
nature distinctly private if:
A corporation incorporated under the New York Benevolent Orders
Law or described in the New York Benevolent Orders Law, but formed
under any other law of this state, or a religious corporation incorporated
under the New York Education Law or the New York Religious Corporations
Law shall be deemed to be in its nature distinctly private. No institution,
club, organization or place of accommodation which sponsors or conducts
any amateur athletic contest or sparring exhibition and advertises
or bills such contest or exhibition as a New York State championship
contest or uses the words "New York State" in its announcements shall
be considered by its nature distinctly private within the meaning
of this article.
A physical or mental condition intrinsic to pregnancy or
childbirth, and includes the expression of breast milk by nursing
mothers.
An employment benefit, such as seniority, group life insurance,
health insurance, disability insurance, sick leave, annual leave,
or an educational or pension benefit that is greater than the employment
benefit due the employee for an equivalent period of work performed
during the regular work schedule of the employee.
Includes overtime pay and compensatory time off, and additional
remuneration for night, weekend or holiday work, or for standby or
irregular duty.
Includes, but is not limited to, such hairstyles as braids,
locks, and twists.
[Added 6-23-2020 by L.L. No. 26-2020]
All housing accommodations within Suffolk County in:
Publicly owned or operated housing accommodations;
Housing operated by housing companies under the supervision
of the State Commissioner of Housing;
Housing constructed after July 1, 1950, within Suffolk County
and which is either:
Exempt in whole or in part from taxes levied by the state or
any of its political subdivisions;
Constructed on land sold below cost by the state or any of its
political subdivisions or any agency thereof, pursuant to the Federal
Housing Act of 1949;
Constructed in whole or in part on property acquired or assembled
by the state or any of its political subdivisions or any agency thereof
through the power of condemnation or otherwise for the purpose of
such construction; or
Acquired, constructed, repaired or maintained with funds or
financial assistance furnished or contributed by the state, any political
subdivision of the state, or any agency or authority of the state.
Housing which is located in a multiple dwelling, the acquisition,
construction, rehabilitation, repair or maintenance of which is, after
July 1, 1955, financed in whole or in part by a loan, whether or not
secured by a mortgage, the repayment of which is guaranteed or insured
by the federal government or any agency thereof, or the state or any
of its political subdivisions or any agency thereof, provided that
such a housing accommodation shall be deemed to be publicly assisted
only during the life of such loan and such guarantee or insurance;
and
Housing which is offered for sale by a person who owns or otherwise
controls the sale of 10 or more housing accommodations located on
land that is contiguous (exclusive of public streets), if:
The acquisition, construction, rehabilitation, repair, or maintenance
of such housing accommodations is, after July 1, 1955, financed in
whole or in part by a loan, whether or not secured by a mortgage,
the repayment of which is guaranteed or insured by the federal government
or any agency thereof, or the state or any of its political subdivisions
or any agency thereof, provided that such a housing accommodation
shall be deemed to be publicly assisted only during the life of such
loan and guarantee or insurance; or
A commitment, issued by a government agency after July 1, 1955,
is outstanding, that acquisition of such housing accommodations may
be financed in whole or in part by a loan, whether or not secured
by a mortgage, the repayment of which is guaranteed or insured by
the federal government or any agency thereof, or the state or any
of its political subdivisions or any agency thereof.
Any person who, or firm which, for another and for a fee,
commission, or other valuable consideration, lists for sale, sells,
at auction or otherwise, exchanges, buys or rents, or offers or attempts
to negotiate a sale, at auction or otherwise, exchange, purchase or
rental of an estate or interest in real estate, or collects or offers
to attempt to collect rent for the use of real estate, or negotiates
or offers or attempts to negotiate a loan secured or to be secured
by a mortgage or other encumbrance upon or transfer of real estate.
In connection with the sale of lots pursuant to the provisions of
Article 9-A of the New York Real Property Law, the term "real estate
broker" shall also include any person or firm employed by or on behalf
of the owner or owners of lots or other parcels of real estate, at
a stated salary, or upon a commission, or upon a salary and commission,
or otherwise, to sell such real estate, or any parts thereof, in lots
or other parcels, and who or which shall sell or exchange, or offer
or attempt or agree to negotiate the sale or exchange of, any such
lot or parcel of real estate.
An individual employed by a licensed real estate broker to
list for sale, sell or offer for sale, at auction or otherwise, to
buy or to negotiate the purchase or sale or exchange of real estate,
or to negotiate a loan on real estate, or to lease or rent or offer
to lease, rent or place for rent any real estate, or who collects
or offers or attempts to collect rent for the use of real estate for
or on behalf of such real estate broker.
Actions taken which permit an employee, prospective employee
or labor organization member (A) with a disability; or (B) with a
pregnancy-related condition to perform in a reasonable manner the
essential functions involved in the job or occupation sought or held
and include, but are not limited to, provision of an accessible worksite,
acquisition or modification of equipment, support services for individuals
with impaired hearing or vision, job restructuring and modified work
schedules, or some form of protection or security measure; provided,
however, that such actions do not impose an undue hardship on the
business, program or enterprise of the entity from which action is
requested.
Any dog that is trained to work or perform specific tasks
for the benefit of an individual with a disability by a recognized
service dog training center or professional service dog trainer, and
is actually used for such purpose.
Heterosexuality, homosexuality or bisexuality.
An individual's past participation in the military service
of the United States or the military services of the state, including,
but not limited to, the armed forces of the United States, the Army
National Guard, the Air National Guard, the New York Naval Militia,
the New York Guard, and such additional forces as may be created by
the federal or state government as authorized by law, with a discharge
status other than dishonorable.
[Added 12-2-2014 by L.L. No. 3-2015]
An individual who is a victim of an act which would constitute
a family offense pursuant to Subdivision 1 of § 812 of the
Family Court Act.
A.Â
It shall be an unlawful discriminatory practice:
(1)Â
For an employer to refuse to hire or employ or to bar or to discharge
from employment or to discriminate against any individual in promotion,
compensation or in terms, conditions or privileges of employment because
of such individual's group identity or status as a victim of domestic
violence.
(2)Â
For an employment agency to discriminate against any individual,
because of such individual's group identity or status as a victim
of domestic violence, in receiving, classifying, disposing of or otherwise
acting upon applications for its services or in referring an applicant
or applicants for its services to an employer.
(3)Â
For a labor organization to exclude or to expel from its membership
an individual or to discriminate in any way against any of its members
or against any employer or any individual employed by an employer
because of such individual's group identity or status as a victim
of domestic violence.
(4)Â
For any employer, labor organization or employment agency to print
or circulate or cause to be printed or circulated any statement, advertisement
or publication, or to use any form of application for employment or
to make any inquiry in connection with prospective employment which
expresses, directly or indirectly, any limitation, specification or
discrimination as to group identity or status as a victim of domestic
violence, or any intent to make any such limitation, specification
or discrimination, unless based upon a bona fide occupational qualification.
(5)Â
For any employer, labor organization, employment agency or any joint
labor-management committee controlling apprentice training programs:
(a)Â
To refuse to select any individual or individuals for an apprentice
training program registered with the State of New York because of
the individual's or individuals' group identity or status as a victim
of domestic violence.
(b)Â
To deny to or withhold from any individual or individuals, because
of his or her group identity or status as a victim of domestic violence,
the right to be admitted to or participate in a guidance program,
an apprenticeship, training program, on-the-job training program,
or other occupational training or retraining program.
(c)Â
To discriminate against any individual in his or her pursuit
of such programs or to discriminate against such an individual in
the terms, conditions or privileges of such programs because of group
identity or status as a victim of domestic violence.
(d)Â
To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of application
for such programs or to make any inquiry in connection with such programs
which expresses, directly or indirectly, any limitation, specification
or discrimination based on an individual's or applicant's group identity
or status as a victim of domestic violence, or any intent to make
any such limitation, specification or discrimination, unless based
upon a bona fide occupational qualification.
(6)Â
For any employer, labor organization or employment agency to discharge,
expel or otherwise discriminate against any individual because he
or she has:
(a)Â
Opposed any practices forbidden under this article; or
(b)Â
Filed a complaint, testified, or assisted in any proceeding
under this article; or
(c)Â
Commenced a civil action against such employer, labor organization
or employment agency, or employee or agent thereof, which action alleges
the commission of an unlawful discriminatory practice; or
(d)Â
Participated with the Commission or its members or counsel in
any investigation, or
(e)Â
Provided information to the Commission or its members or counsel
in any investigation.
(7)Â
For an employer to compel an employee who is pregnant to take a leave
of absence, unless the employee is prevented by such pregnancy from
performing the essential functions of the job or occupation in a reasonable
manner and no reasonable accommodation can be made, without causing
an undue hardship on the employer, which will permit the employee
to perform the essential functions of the job or occupation in a reasonable
manner.
(8)Â
For any employer to discriminate against an employee who chooses
to express breast milk in the workplace, to refuse to provide reasonable
unpaid break time or refuse to permit an employee to use paid break
time or meal time each day to allow an employee to express breast
milk for her nursing child for up to three years following child birth,
or refuse to make reasonable efforts to provide a room or other location,
in close proximity to the work area, where an employee can express
breast milk in privacy.
(9)Â
For an employer, employment agency or labor organization to refuse to provide reasonable accommodations to the known disabilities or pregnancy-related conditions of an employee, prospective employee or labor organization member in connection with a job or occupation sought or held or participation in a training program. Nothing contained in this Subsection A(9) shall be construed to require provision of accommodations which the employer, employment agency or labor organization can demonstrate will impose an undue hardship on the operation of an employer's, employment agency's, or labor organization's business, program or enterprise. Factors that may be considered by the Commission in determining whether the accommodation constitutes an undue hardship include, but are not limited to:
(a)Â
The overall size of the business, program or enterprise with
respect to the number of employees, number and types of facilities,
and size of budget;
(b)Â
The type of operation which the business, program, or enterprise
is engaged in, including the composition and structure of the workforce;
and
(c)Â
The nature and cost of the accommodation needed.
(10)Â
For any employer, or an employee or agent thereof, to impose
upon an individual as a condition of obtaining or retaining employment,
including opportunities for promotion, advancement or transfers, any
terms or conditions that would require such individual to violate
or forego a sincerely held practice of his or her religion, including,
but not limited to, the observance of any particular day or days or
any portion thereof as a Sabbath or other holy day in accordance with
the requirements of his or her religion, unless, after engaging in
a bona fide effort, the employer demonstrates that it is unable to
reasonably accommodate the employee's or prospective employee's sincerely
held religious observance or practice without undue hardship on the
conduct of the employer's business.
(a)Â
Notwithstanding any other provision of law to the contrary, an employee shall not be entitled to premium wages or premium benefits for work performed during hours to which such premium wages or premium benefits would ordinarily be applicable, if the employee is working during such hours only as an accommodation to his or her sincerely held religious requirements. Nothing in Subsection A(10)(a) or (b) shall alter or abridge the rights granted to an employee concerning the payment of wages or privileges of seniority accruing to that employee.
(b)Â
Except where it would cause an employer to incur an undue hardship,
no individual shall be required to remain at his or her place of employment
during any day or days or portion thereof that, as a requirement of
his or her religion, he or she observes as his or her Sabbath or other
holy day, including a reasonable time prior and subsequent thereto
for travel between his or her place of employment and his or her home;
provided, however, that any such absence from work shall, wherever
practicable in the reasonable judgment of the employer, be made up
by an equivalent amount of time and work at some other mutually convenient
time, or shall be charged against any leave with pay ordinarily granted,
other than sick leave; provided further, however, that any such absence
not so made up or charged may be treated by the employer of such individual
as leave taken without pay.
(c)Â
It shall be an unlawful discriminatory practice for an employer or an employee or agent thereof to refuse to permit an employee to utilize leave, as provided in Subsection A(10)(b), solely because the leave will be used for absence from work to accommodate the employee's sincerely held religious observance or practice.
(d)Â
As used in this Subsection A(10), "undue hardship" means an accommodation requiring significant expense or difficulty (including a significant interference with the safe or efficient operation of the workplace or a violation of a bona fide seniority system). Factors that may be considered by the Commission in determining whether the accommodation constitutes an undue hardship include, but are not limited to:
[1]Â
The identifiable cost of the accommodation, including the costs
of loss of productivity and of retaining or hiring employees or transferring
employees from one facility to another, in relation to the size and
operating cost of the employer;
[2]Â
The number of individuals who will need the particular accommodation
to a sincerely held religious observance or practice;
[3]Â
For an employer with multiple facilities, the degree to which
the geographic separateness or administrative or fiscal relationship
of the facilities will make the accommodation more difficult or expensive;
and
[4]Â
The resulting inability of an employee to perform the essential
functions of the position in which he or she is employed.
(11)Â
Fire departments or companies.
(a)Â
For any fire department or fire company therein, through any
member or members thereof, officers, board of fire commissioners or
other body or office having power of appointment of volunteer firefighters,
directly or indirectly, by ritualistic practice, constitutional or
bylaw prescription, by tacit agreement among its members, or otherwise,
to deny to any individual membership in any volunteer fire department
or fire company therein, or to expel or discriminate against any volunteer
member of a fire department or fire company therein, because of the
race, creed, color, national origin, sexual orientation, military
status, gender or marital status of such individual.
(b)Â
Upon the filing of a complaint under this article, and in the
event of a finding that an unlawful discriminatory practice has been
engaged in, the board of fire commissioners or other body or office
having power of appointment of volunteer firefighters shall be served
with any order required under this article to be served on any or
all respondents requiring such respondent or respondents to cease
and desist from such unlawful discriminatory practice and to take
affirmative action. Unless such board has been found to have engaged
in an unlawful discriminatory practice, service upon such board of
such order shall not constitute such board or its members as a respondent
nor constitute a finding of an unlawful discriminatory practice against
such board or its members.
(12)Â
Criminal convictions and proceedings.
(a)Â
For any person to deny any license or employment to any individual
by reason of his or her having been convicted of one or more criminal
offenses, or by reason of a finding of a lack of "good moral character"
which is based upon his or her having been convicted of one or more
criminal offenses, when such denial is in violation of the provisions
of Article 23-A of the New York Correction Law. Further, there shall
be a rebuttable presumption in favor of excluding from evidence the
prior incarceration or conviction of any individual, in a case alleging
that the employer has been negligent in hiring or retaining an applicant
or employee, or supervising a hiring manager, if after learning about
an applicant's or employee's past criminal conviction history, such
employer has evaluated the factors set forth in § 752 of
the Correction Law, and made a reasonable, good faith determination
that such factors militate in favor of hire or retention of that applicant
or employee.
(b)Â
Unless specifically required or permitted by statute, for any person to make any inquiry about, whether in any form of application or otherwise, or to act upon adversely to the individual involved, any arrest or criminal accusation of such individual not then pending against that individual which was followed by a termination of that criminal action or proceeding in favor of such individual, as defined in Subdivision 2 of § 160.50 of the Criminal Procedure Law, or by a youthful offender adjudication, as defined in Subdivision 1 of § 720.35 of the Criminal Procedure Law, or by a conviction for a violation sealed pursuant to § 160.55 of the Criminal Procedure Law or by a conviction which is sealed pursuant to § 160.58 of the Criminal Procedure Law, in connection with the licensing, employment or providing of credit or insurance to such individual; provided, further, that no person shall be required to divuige information pertaining to any arrest or criminal accusation of such individual not then pending against that individual which was followed by a termination of that criminal action or proceeding in favor of such individual, as defined in Subdivision 2 of § 160.50 of the Criminal Procedure Law, or by a youthful offender adjudication, as defined in Subdivision 1 of § 720.35 of the Criminal Procedure Law, or by a conviction for a violation sealed pursuant to § 160.55 of the Criminal Procedure Law, or by a conviction which is sealed pursuant to § 160.58 of the Criminal Procedure Law. The provisions of this Subsection A(12) shall not apply to the licensing activities of governmental bodies in relation to the regulation of guns, firearms and other deadly weapons or in relation to an application for employment as a police officer or peace officer as those terms are defined in Subdivisions 33 and 34 of § 1.20 of the Criminal Procedure Law; provided, further, that the provisions of this Subsection A(12) shall not apply to an application for employment or membership in any law enforcement agency with respect to any arrest or criminal accusation which was followed by a youthful offender adjudication, as defined in Subdivision 1 of § 720.35 of the Criminal Procedure Law, or by a conviction for a violation sealed pursuant to § 160.55 of the Criminal Procedure Law, or by a conviction which is sealed pursuant to § 160.58 of the Criminal Procedure Law.
(13)Â
Wage and salary history.
[Added 11-20-2018 by L.L.
No. 25-2018]
(a)Â
For any employer, employment agency, employee or agent thereof
to inquire, whether in any form of application or otherwise, about
a job applicant's wage or salary history, including, but not limited
to, compensation and benefits. For purposes of this subsection, "to
inquire" means to ask an applicant or former employer orally, or in
writing or otherwise or to conduct a search of publicly available
records or reports.
(b)Â
For any employer, employment agency, employee or agent thereof
to rely on the salary history of an applicant for employment in determining
the wage or salary amount for such applicant at any stage in the employment
process, including the offer or contract.
(c)Â
This subsection shall not apply to any actions taken by an employer,
employment agency, employee or agent thereof pursuant to any federal,
state or local law that requires the disclosure or verification of
salary for employment purposes.
(d)Â
This subsection shall not apply to the exercise of any right
of an employer or employee pursuant to a collective bargaining agreement.
B.Â
An employer shall be liable for an unlawful discriminatory practice based upon the conduct of an employee who or agent which is in violation of any provision of § 528-7 where:
(1)Â
The employee or agent exercises or exercised managerial or supervisory
responsibility; or
(2)Â
The employer knew of the employee's or agent's discriminatory conduct,
and acquiesced in such conduct or failed to take immediate and appropriate
corrective action. An employer shall be deemed to have knowledge of
any employee's or agent's discriminatory conduct where that conduct
was known by another employee or agent who exercised managerial or
supervisory responsibility; or
(3)Â
The employer should have known of the employee's or agent's discriminatory
conduct and failed to exercise reasonable diligence to prevent such
discriminatory conduct.
A.Â
It shall be an unlawful discriminatory practice for any person, being
the owner, lessee, proprietor, manager, superintendent, agent or employee
of any place of public accommodation, resort or amusement, because
of the actual or perceived race, color, creed, national origin, alienage
or citizenship status, gender, sexual orientation, disability, or
marital status of any individual or the actual military status of
any individual, directly or indirectly, to refuse, withhold from or
deny to such individual any of the accommodations, advantages, facilities
or privileges thereof, including the extension of credit, or, directly
or indirectly, to publish, circulate, issue, display, post or mail
any written or printed communication, notice or advertisement to the
effect that any of the accommodations, advantages, facilities and
privileges of any such place shall be refused, withheld from or denied
to any individual on account of actual or perceived race, color, creed,
national origin, alienage or citizenship status, gender, sexual orientation,
disability, or marital status of any individual or the actual military
status of any individual, or that the patronage or custom thereat
of any individual of or purporting to be of any particular race, creed,
color, national origin, alienage or citizenship status, gender, sexual
orientation, disability, marital status or actual military status
is unwelcome, objectionable, or not acceptable, desired or solicited.
B.Â
Nothing in this § 528-8 shall be construed to prevent the barring of any individual, because of the sex of such individual, from places of public accommodations, resort or amusement, based on bona fide considerations of public policy; nor shall this § 528-8 apply to the rental of rooms in a housing accommodation which restricts such rental to individuals of one sex.
C.Â
For the purposes of this § 528-8, "unlawful discriminatory practice" includes:
(1)Â
A refusal to make reasonable modifications in policies, practices,
or procedures, when such modifications are necessary to afford facilities,
privileges, advantages or accommodations to individuals with disabilities,
unless such person can demonstrate that making such modifications
would fundamentally alter the nature of such facilities, privileges,
advantages or accommodations or would result in an undue burden;
(2)Â
A refusal to take such steps as may be necessary to ensure that no
individual with a disability is excluded or denied services because
of the absence of auxiliary aids and services, unless such person
can demonstrate that taking such steps would fundamentally alter the
nature of the facility, privilege, advantage or accommodation being
offered or would result in an undue burden;
(3)Â
A refusal to remove architectural barriers, and communication barriers
that are structural in nature, in existing facilities, and transportation
barriers in existing vehicles and rail passenger cars used by an establishment
for transporting individuals (not including barriers that can only
be removed through the retrofitting of vehicles or rail passenger
cars by the installation of a hydraulic or other lift), where such
removal is readily achievable; and
D.Â
For the purposes of Subsection C above:
(1)Â
"Readily achievable" means easily accomplishable and able to be carried
out without much difficulty or expense. Factors that may be considered
by the Commission in determining whether an action is readily achievable
include, but are not limited to:
(b)Â
The overall financial resources of the facility or facilities
involved in the action; the number of individuals employed at such
facility; the effect on expenses and resources or the impact otherwise
of such action upon the operation of the facility;
(c)Â
The overall financial resources of the place of public accommodation,
resort or amusement; the overall size of the business of such a place
with respect to the number of its employees; the number, type and
location of its facilities; and
(d)Â
The type of operation or operations of the place of public accommodation,
resort or amusement, including the composition, structure and functions
of the workforce of such place; the geographic separateness, administrative
or fiscal relationship of the facility or facilities in question to
such place.
(2)Â
"Auxiliary aids and services" include:
(a)Â
Qualified interpreters or other effective methods of making
aurally delivered materials available to individuals with hearing
impairments;
(b)Â
Qualified readers, taped texts or other effective methods of
making visually delivered materials available to individuals with
visual impairments;
(c)Â
Acquisition or modification of equipment or devices; and
(d)Â
Other similar services and actions.
(3)Â
"Undue burden" means significant difficulty or expense. Factors that
may be considered by the Commission in determining whether an action
would result in an undue burden include, but are not limited to:
(b)Â
The overall financial resources of the site or sites involved
in the action; the number of individuals employed at the site; the
effect on expenses and resources; legitimate safety requirements that
are necessary for safe operation, including crime prevention measures;
or the impact otherwise of the action upon the operation of the site;
(c)Â
The geographic separateness, and the administrative or fiscal
relationship of the site or sites in question to any parent corporation
or entity;
(d)Â
If applicable, the overall financial resources of any parent
corporation or entity; the overall size of the parent corporation
or entity with respect to the number of its employees; the number,
type, and location of its facilities; and
(e)Â
If applicable, the type of operation or operations of any parent
corporation or entity, including the composition, structure, and functions
of the workforce of the parent corporation or entity.
E.Â
Subsections C and D shall not apply to any air carrier, the National Railroad Passenger Corporation, or public transportation facilities, vehicles or services owned, leased or operated by the state, a county, city, town or village, or any agency thereof, or by any public benefit corporation or authority.
A.Â
It shall be an unlawful discriminatory practice:
(1)Â
To refuse to sell, rent, lease or otherwise deny to or withhold from
any individual or group of individuals any housing accommodation,
constructed or to be constructed, land or commercial space, or an
interest therein, or refuse to negotiate for the sale, rental or lease
of any housing accommodation, land or commercial space, or an interest
therein, to any individual or group of individuals, because of the
group identity, veteran status, status as a victim of domestic violence
or lawful source of income of such individual or individuals or to
represent that any housing accommodation, land or commercial space,
or an interest therein, is not available for inspection, sale, rental
or lease when, in fact, it is so available, or to otherwise deny to
or withhold any housing accommodation, land or commercial space, or
an interest therein, or any facilities of any housing accommodation
or commercial space from any individual or individuals because of
the group identity, veteran status, status as a victim of domestic
violence or lawful source of income of such or individual or individuals;
[Amended 12-2-2014 by L.L. No. 3-2015; 12-2-2014 by L.L. No.
6-2015]
(2)Â
To discriminate against any individual or group of individuals because
of the group identity, veteran status, status as a victim of domestic
violence or lawful source of income of such individual or individuals
in the terms, conditions or privileges of the sale, rental, or lease
of any housing accommodation, land or commercial space, or an interest
therein, or in the furnishing of facilities or services in connection
therewith;
[Amended 12-2-2014 by L.L. No. 3-2015; 12-2-2014 by L.L. No.
6-2015]
(3)Â
To discriminate against any individual or group of individuals in
making available a residential real estate transaction, or in the
terms and conditions of such a transaction, because of the group identity,
veteran status, status as a victim of domestic violence or lawful
source of income of such individual or individuals;
[Amended 12-2-2014 by L.L. No. 3-2015; 12-2-2014 by L.L. No.
6-2015]
(4)Â
To refuse to permit, at the expense of the individual with a disability,
reasonable modifications of existing premises occupied or to be occupied
by said individual, if the modifications may be necessary to afford
the individual full enjoyment of the premises, in conformity with
the provisions of the New York State Uniform Fire Prevention and Building
Code, except that, in the case of a rental, the landlord may, where
it is reasonable to do so, condition permission for a modification
on the renter agreeing to restore the premises to the condition that
existed before the modification, reasonable wear and tear excepted;
(5)Â
To refuse to make reasonable accommodations in rules, policies, practices,
or services, when such accommodations may be necessary to afford an
individual with a disability equal opportunity to use and enjoy a
housing accommodation, including reasonable modifications to the common
use portions of the housing accommodation;
(6)Â
In connection with the design and construction of covered multiple
dwellings for first occupancy after January 1, 2007, to fail to design
and construct those dwellings in such a manner that:
(a)Â
The public use and common use portions of such dwellings are
readily accessible to and usable by a handicapped individual;
(b)Â
All the doors designed to allow passage into and within all
premises within such dwellings are sufficiently wide to allow passage
by handicapped individuals in wheelchairs; and
(c)Â
All premises within such dwellings contain the following features
of adaptive design:
[1]Â
An accessible route into and through the dwelling;
[2]Â
Light switches, electrical outlets, thermostats, and other environmental
controls in accessible locations;
[3]Â
Reinforcements in bathroom walls to allow later installation
of grab bars; and
[4]Â
Usable kitchens and bathrooms such that an individual in a wheelchair
can maneuver about the space.
Compliance with the appropriate requirements of the American National Standards Institute for buildings and facilities providing accessibility and usability for physically handicapped people (commonly cited as "ANSI A117.1") suffices to satisfy the requirements of Subsection A(6)(c).
|
(7)Â
To make, print, or publish, or cause to be made, printed or published,
any statement, advertisement, or publications, or to use any form
of application for the purchase, rental, or lease of any housing accommodation,
land or commercial space, or an interest therein, or to make any record
or inquiry in connection with the prospective purchase, rental, or
lease of such housing accommodation, land or commercial space, or
an interest therein, which expresses, directly or indirectly, any
limitation, specification, or discrimination with respect to group
identity, veteran status, status as a victim of domestic violence
or because of the lawful source of income of such individual or individuals,
or any intent to make any such limitation, specification, or discrimination;
[Amended 12-2-2014 by L.L. No. 3-2015; 12-2-2014 by L.L. No.
6-2015]
(8)Â
To induce or attempt to induce, for profit or otherwise, any person
to sell, rent or lease any housing accommodation, land, or commercial
space, or an interest therein, by representations, explicit or implicit,
regarding the entry or prospective entry into the neighborhood of
an individual or group of individuals because of his, her or their
group identity, veteran status, status as a victim of domestic violence
or lawful source of income;
[Amended 12-2-2014 by L.L. No. 3-2015; 12-2-2014 by L.L. No.
6-2015]
(9)Â
To threaten, intimidate, or interfere with individuals in their enjoyment
of a housing accommodation, land or commercial space because of their
group identity, veteran status, status as a victim of domestic violence
or lawful source of income, or the group identity, veteran status,
status as a victim of domestic violence of their guests, invitees,
visitors or associates.
[Amended 12-2-2014 by L.L. No. 3-2015; 12-2-2014 by L.L. No.
6-2015]
B.Â
It shall be an unlawful discriminatory practice for any real estate
broker, real estate salesperson, or an employee or agent of a real
estate broker or real estate salesperson:
[Amended 12-2-2014 by L.L. No. 3-2015; 12-2-2014 by L.L. No.
6-2015]
(1)Â
To refuse to sell, rent or lease any housing accommodation, land
or commercial space, or an interest therein, to any individual or
group of individuals or to refuse to negotiate for the sale, rental
or lease of any housing accommodation, land or commercial space, or
an interest therein, to any individual or group of individuals because
of the group identity, veteran status, status as a victim of domestic
violence or because of the lawful source of income of such individual
or group of individuals, or to represent that any housing accommodation,
land or commercial space, or an interest therein, is not available
for inspection, sale, rental or lease when, in fact, it is so available,
or otherwise deny or withhold any housing accommodation, land or commercial
space, or an interest therein, or any facilities of any such housing
accommodation or commercial space from any individual or group of
individuals because of the group identity, veteran status, status
as a victim of domestic violence or because of the lawful source of
income of such individual or individuals.
(2)Â
To print or circulate or cause to be printed or circulated any statement,
advertisement or publication, or to use any form of application for
the purchase, sale, rental or lease of any housing accommodation,
land, or commercial space, or an interest therein, or to make any
record or inquiry in connection with the prospective purchase, sale,
rental or lease of any housing accommodation, land or commercial space,
or an interest therein, which expresses, directly or indirectly, any
limitation, specification, or discrimination as to group identity,
veteran status, status as a victim of domestic violence or as to lawful
source of income, or any intent to make any such limitation, specification
or discrimination.
C.Â
Exceptions.
(1)Â
The provisions of § 528-9, as they relate to age, shall not apply to individuals under the age of 18 years.
(2)Â
(a)Â
To the rental of housing accommodations in a building which
contains housing accommodations for not more than two families if
the owner or members of his or her family reside in one of such housing
accommodations; or
(b)Â
To the rental of a room or rooms in a housing accommodation
if such rental is by the occupant of the housing accommodation or
by the owner of the housing accommodation and he or she or members
of his or her family reside in such housing accommodation; or
(c)Â
Solely with respect to age and familial status, to the restriction
of the sale, rental or lease of housing accommodations exclusively
to individuals 62 years of age or older and the spouse of any such
individual, or for housing intended and operated for occupancy by
at least one individual 55 years of age or older per unit. In determining
whether housing is intended and operated for occupancy by individuals
55 years of age or older, Section 807(b)(2)(C) [42 U.S.C. § 3607(b)(2)(C)]
of the federal Fair Housing Act of 1988, as amended, shall apply.
(3)Â
The provisions of § 528-9, as they relate to unlawful discriminatory practices on the basis of lawful source of income, shall not apply to housing accommodations that contain two or fewer housing units; provided, however, the provisions of § 528-9 shall apply to all housing accommodations, regardless of the number of units contained in each, of any person who has the rights to sell, rent or lease or approve the sale, rental or lease of at least three housing accommodations within Suffolk County, constructed or to be constructed, or has the rights to sell, rent or lease or approve the sale, rental or lease of interests in at least three housing accommodations.
(4)Â
Nothing in Subsection A(4), (5) and (6) requires that a housing accommodation or multiple dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.
A.Â
It shall be an unlawful discriminatory practice for any creditor
or any officer, agent or employee thereof:
(1)Â
In the case of applications for credit with respect to the purchase,
acquisition, construction, rehabilitation, repair or maintenance of
any housing accommodation, land or commercial space, to discriminate
against such applicant because of the group identity of such applicant
or applicants, or any member, stockholder, director, officer, or employee
of such applicant or applicants, or of the prospective occupants or
tenants of such housing accommodation, land or commercial space, or
because of the lawful source of income of such individual or individuals,
in the granting, withholding, extending, renewing, or in the fixing
of the rates, terms or conditions of any such financial assistance
or credit; or
[Amended 11-21-2023 by L.L. No. 35-2023]
(2)Â
To use any form of application for credit or make any record or inquiry
in connection with applications for financial assistance or credit
which expresses, directly or indirectly, limitations, specifications,
preferences, or discrimination because of the group identity or lawful
source if income of the applicant or the applicants; or
[Amended 11-21-2023 by L.L. No. 35-2023]
(3)Â
To discriminate in the granting, withholding, extending or renewing,
or in the fixing of the rates, terms or conditions of any form of
credit, on the basis of an applicant's or applicants' group identity
or lawful source of income; or
[Amended 11-21-2023 by L.L. No. 35-2023]
(4)Â
To refuse to consider sources of an applicant's income or to subject
an applicant's income to discounting, in whole or in part, because
of an applicant's group identity.
B.Â
Without limiting the generality of Subsection A, it shall be considered discriminatory if, because of an applicant's group identity:
(1)Â
An applicant or class of applicants is denied credit in circumstances
where other applicants of like overall creditworthiness are granted
credit; or
(2)Â
Special requirements or conditions, such as requiring co-obligors
or reapplication upon marriage, are imposed upon an applicant or class
of applicants in circumstances where similar requirements or conditions
are not imposed upon other applicants of like overall creditworthiness.
C.Â
Notwithstanding any provision of this § 528-10 to the contrary, it shall not be:
(1)Â
Considered an unlawful discriminatory practice if credit differentiations
or decisions are based upon factually supportable, objective differences
in applicants' overall creditworthiness, which may include reference
to such factors as current income, assets and prior credit history
of such applicants, as well as reference to any other relevant factually
supportable data; provided, however, that no creditor shall consider,
in evaluating the creditworthiness of an applicant, aggregate statistics
or assumptions relating to group identity or the applicant's lawful
source of income.
(2)Â
Considered an unlawful discriminatory practice to consider age in
determining creditworthiness when age has a demonstrable and statistically
sound relationship to a determination of creditworthiness.
It shall be an unlawful discriminatory practice for an employer
or any employee or agent thereof to:
A.Â
Engage in unwelcome sexual advances, requests for sexual favors,
or other verbal or physical conduct of a sexual nature to a domestic
worker when:
(1)Â
Submission to such conduct is made either explicitly or implicitly
a term or condition of an individual's employment;
(2)Â
Submission to or rejection of such conduct by an individual is used
as the basis for employment decisions affecting such individual; or
(3)Â
Such conduct has the purpose or effect of unreasonably interfering
with an individuals work performance by creating an intimidating,
hostile, or offensive working environment; or
B.Â
Subject a domestic worker to unwelcome harassment based on the individual's
gender, race, creed or national origin, where such harassment has
the purpose or effect of unreasonably interfering with an individual's
work performance by creating an intimidating, hostile, or offensive
working environment.
A.Â
It shall be an unlawful discriminatory practice for any person to
aid, abet, incite, compel or coerce the doing of any of the acts forbidden
under this article.
B.Â
It shall be an unlawful discriminatory practice for any person engaged
in any activity to which this article applies to retaliate or discriminate
against any individual because he or she has opposed any practice
forbidden under this article or because he or she has filed a complaint,
testified or assisted in any proceeding under the article.
C.Â
It shall be an unlawful discriminatory practice for any person engaged
in any activity covered by this article to discriminate against a
blind individual, a hearing-impaired individual or an individual with
a disability on the basis of his or her use of a guide dog, hearing
dog or service dog.
D.Â
It shall be an unlawful discriminatory practice to coerce, intimidate,
threaten, or interfere with any individual in the exercise or enjoyment
of, or on account of his or her having exercised or enjoyed, any right
granted or protected by this article; or on account of his or her
having aided or encouraged any other individual in the exercise or
enjoyment of any right granted or protected by this article; or because
of the group identity or status as a victim of domestic violence of
an individual with whom such individual has or is perceived to have
a relationship or association.
E.Â
It shall be an unlawful discriminatory practice for any party to a conciliation agreement entered into pursuant to § 528-13 to violate the terms of such agreement.
F.Â
It shall be an unlawful discriminatory practice for any person to
engage in discrimination against another person based on any perceived
relationship of that person to the spread of the COVID-19 virus based
on a person's race, ethnicity, or other protected status. COVID-19
discrimination includes: intimidation, threats, assault as defined
in Article 120 of New York Penal Law, harassment as defined in Article
240 of New York Penal Law, menacing as defined in Article 120 of New
York Penal Law, inflicting emotional or physical harm, or inflicting
injury upon such person.
[Added 6-22-2021 by L.L. No. 21-2021[1]]
[1]
Editor's Note: This local law also redesignated former Subsection
F as Subsection G.
G.Â
Nothing contained in this article shall be construed to bar any religious
or denominational institution or organization, or any organization
operated for charitable or educational purposes, which is operated,
supervised or controlled by or in connection with a religious organization,
from limiting participation in any activity, including, but not limited
to, employment, education, sales, lease, or rental of housing accommodations,
land or commercial space, or granting admission to, or giving preference
to individuals of the same religion or denomination or taking such
action as is calculated by such organization to promote the religious
principles for which it is established or maintained.
A.Â
The Commission shall have jurisdiction to entertain a complaint where:
(1)Â
Any complainant or individual aggrieved by an unlawful discriminatory
practice, by himself or herself or by such individual's attorney,
makes, signs and files with the Commission a timely, verified complaint,
in writing, which shall: a) state the name of the person alleged to
have committed the unlawful discriminatory practice complained of,
and the address of such person, if known; b) set forth the particulars
of the alleged unlawful discriminatory practice; and c) contain such
other information as may be required by the Commission. The Commission
shall acknowledge the filing of the verified complaint and advise
the complainant of the time limits and choice of forums set forth
in this article; and
(2)Â
The Commission itself makes, signs and files a verified complaint
alleging that a person has committed an unlawful discriminatory practice.
B.Â
The Commission shall serve a copy of the verified complaint upon
the respondent and all persons it deems to be necessary parties and
shall advise the respondent of his, her or its procedural rights and
obligations as set forth herein. Any verified complaint filed pursuant
to this article may be amended pursuant to procedures prescribed by
rules of the Commission by filing such amended verified complaint
with the Commission and serving a copy thereof upon all parties to
the proceeding.
C.Â
The Commission shall not have jurisdiction to entertain a complaint
if:
(1)Â
The complainant has previously initiated a civil action in a court
of competent jurisdiction alleging an unlawful discriminatory practice
as defined by this article with respect to the same grievance which
is the subject of the complaint under this article, unless such civil
action has been dismissed without prejudice or has been withdrawn
without prejudice; or
(2)Â
The complaint has been filed more than one year after the alleged
unlawful discriminatory practice occurred.
D.Â
The Commission shall not entertain jurisdiction over a complaint
filed against any Suffolk County governmental agency, department or
body.
E.Â
Answer.
(1)Â
Within 10 days after a copy of the verified complaint is served upon
the respondent by the Commission, the respondent shall file a written,
verified answer thereto with the Commission, and the Commission shall
cause a copy of such answer to be served upon the complainant and
any necessary party.
(2)Â
The respondent shall specifically admit, deny, or explain each of
the facts alleged in the complaint, unless the respondent is without
knowledge or information sufficient to form a belief, in which case
the respondent shall so state, and such statement shall operate as
a denial.
(3)Â
Any allegation in the complaint not specifically denied or explained
shall be deemed admitted and shall be so found by the Commission unless
good cause to the contrary is shown.
(4)Â
All affirmative defenses shall be stated separately in the answer.
(5)Â
Upon request of the respondent and for good cause shown, the period
within which an answer is required to be filed may be extended in
accordance with the rules of the Commission.
(6)Â
Any necessary party may file with the Commission a written, verified
answer to the complaint, and the Commission shall cause a copy of
such answer to be served upon the complainant, respondent and any
other necessary party.
(7)Â
Any answer filed pursuant to this section may be amended pursuant
to procedures prescribed by rule of the Commission by filing such
amended answer with the Commission and serving a copy thereof upon
the complainant and any necessary party to the proceeding.
F.Â
Withdrawal of complaint.
(1)Â
A complaint filed pursuant to Subsection A(1) may be withdrawn by the complainant as of right at any time prior to a determination of the issue of probable cause. Such a withdrawal shall be in writing and signed by the complainant.
(2)Â
Unless such complaint is withdrawn pursuant to a conciliation agreement,
the withdrawal of a complaint shall be without prejudice:
(a)Â
To the continued investigation of the complaint by the Commission
in accordance with rules of the Commission;
(b)Â
To the initiation of a complaint by the Commission based in
whole or in part upon the same facts;
(c)Â
To the commencement of a civil action by the complainant in
a court of competent jurisdiction; or
(d)Â
To the commencement of a civil action in a court of competent
jurisdiction by the County Attorney.
G.Â
Dismissal of complaint.
(1)Â
The Commission may, in its discretion, dismiss a complaint for administrative
convenience at any time prior to the taking of testimony at a hearing.
Administrative convenience shall include, but not be limited to, the
following circumstances:
(a)Â
Commission personnel have been unable to locate the complainant
after diligent efforts to do so;
(b)Â
The complainant has repeatedly failed to appear at mutually
agreed upon appointments with Commission personnel or is unable or
unwilling to meet with Commission personnel, to provide requested
documentation, or to attend a hearing;
(c)Â
Relief is precluded by the respondent's absence or other special
circumstances;
(d)Â
The complainant's objections to a proposed conciliation agreement
are without substance;
(e)Â
Holding a hearing will not benefit the complainant;
(f)Â
The complainant has repeatedly engaged in conduct which is disruptive
to the orderly functioning of the Commission;
(g)Â
Prosecution of the complaint will not serve the public interest;
(h)Â
The complainant has filed and has an action or proceeding pending
before any administrative agency under any other law of the state
alleging an unlawful discriminatory practice as defined by this article
with respect to the same grievance which is the subject of the complaint
under this article; or
(i)Â
The complainant has filed a complaint with the New York State
Division of Human Rights alleging an unlawful discriminatory practice
as defined by this article with respect to the same grievance which
is the subject of the complaint under this article and a final determination
has been made thereon.
(2)Â
The Commission shall dismiss a complaint for administrative convenience
where a complainant requests that it do so for the purpose of commencement
by the complainant of a civil action in a court of competent jurisdiction.
(3)Â
In accordance with the rules of the Commission, the Commission shall
dismiss a complaint if the complaint is not within the jurisdiction
of the Commission.
(4)Â
If, after investigation, the Commission determines that probable
cause does not exist to believe that the respondent has engaged or
is engaging in an unlawful discriminatory practice, the Commission
shall dismiss the complaint as to such respondent.
(5)Â
The Commission shall promptly serve notice of any dismissal pursuant
to this section upon the complainant, respondent and any necessary
party.
(6)Â
The complainant may, within 30 days of service of a notice of dismissal,
and in accordance with the rules of the Commission, apply to the Executive
Director of the Commission for review of any dismissal pursuant to
this section. Upon such application, the Executive Director shall
review such action and issue an order affirming, reversing or modifying
such determination or remanding the matter for further investigation
and action. A copy of such order shall be served upon the complainant,
respondent and any necessary party.
H.Â
Mediation and conciliation.
(1)Â
If, in the judgment of the Commission, circumstances so warrant,
the Commission shall, to the extent feasible, endeavor to resolve
the complaint by any method of dispute resolution prescribed by rule
of the Commission, including, but not limited to, mediation and conciliation.
(2)Â
Mediators shall be selected by the Executive Director of the Commission
and may include Commission staff.
(3)Â
The terms of any conciliation agreement will contain such provisions
as may be agreed upon by the Commission, the complainant and the respondent.
(4)Â
The members of the Commission and its staff shall not publicly disclose
what transpired in the course of mediation and conciliation efforts.
(5)Â
If a conciliation agreement is entered into, the Commission shall
embody such agreement in an order and serve a copy of such order upon
all parties to the conciliation agreement. Every conciliation agreement
is subject to public disclosure except where the Commission determines,
either on its own or pursuant to a request of a party(ies), that disclosure
is not necessary to further the purposes of this article.
I.Â
Investigation.
(1)Â
Every complaint shall be investigated in a timely, comprehensive
and thorough manner, according to standards and procedures to be adopted
in the rules of procedure of the Commission.
(2)Â
Notwithstanding anything contained in § 119-3G of the Suffolk County Code to the contrary, the Commission may at any time issue subpoenas requiring attendance and giving of testimony by witnesses and the production of books, papers, documents and other evidence relating to any matter under investigation or any question before the Commission. The issuance of subpoenas shall be governed by the Civil Practice Law and Rules.
(3)Â
At the end of each investigation, the Commission shall prepare a
final investigative report. The Commission shall make available, on
the request of a complainant or respondent, a copy of the final investigative
report.
J.Â
Determination of probable cause.
(1)Â
Except in connection with Commission-initiated complaints, which
shall not require a determination of probable cause, where the Commission
determines that probable cause exists to believe that the respondent
has engaged or is engaging in an unlawful discriminatory practice,
the Commission shall issue a written notice to the complainant and
respondent so stating. A determination of probable cause is not a
final order of the Commission and shall not be administratively or
judicially reviewable.
(2)Â
If a determination is made pursuant to Subsection J(1) that probable cause exists, or if a Commission-initiated complaint has been filed, the Executive Director of the Commission shall refer the complaint to an administrative law judge unless the matter would be more appropriately handled by the New York State Division of Human Rights and would further this article.
(3)Â
If a Commission-initiated complaint has been filed, the Executive
Director of the Commission shall serve a notice upon the complainant,
the respondent and any necessary party that the complaint has been
so filed.
K.Â
Hearing.
(1)Â
A hearing on the complaint shall be held before an administrative
law judge, who shall be any attorney in good standing designated by
the Commission.
(2)Â
The place of any such hearing shall be the office of the Commission
or such other place as may be designated by the Commission. Notice
of the date, time and place of such hearing shall be served upon the
complainant, respondent and any necessary party.
(3)Â
The case in support of the complaint shall be presented before an
administrative law judge. The complainant may present additional testimony
and cross-examine witnesses, in person or by counsel. With respect
to Commission-initiated complaints, the complainant may present additional
testimony and cross-examine witnesses, in person or by counsel, if
the complainant shall have intervened pursuant to rules established
by the Commission.
(4)Â
The administrative law judge may, in his or her discretion, permit
any person who has a substantial interest in the complaint to intervene
as a party and may require the joinder of necessary parties.
(5)Â
Evidence relating to endeavors at mediation or conciliation by, between
or among the Commission, the complainant and the respondent shall
not be admissible at the hearing.
(6)Â
If the respondent has failed to answer the complaint within the time period prescribed in Subsection E above, the administrative law judge shall enter a default and the hearing shall proceed to determine the evidence in support of the complaint; provided, however, that, upon application, the administrative law judge may, for good cause shown, open a default in answering, upon equitable terms and conditions, including the taking of an oral answer.
(7)Â
A respondent who has filed an answer or whose default in answering
has been set aside by the Commission for good cause shown, or a necessary
party, or a complainant or other person who has intervened pursuant
to the rules of the Commission, may appear at such hearing, in person
or otherwise, with or without counsel, and cross-examine witnesses,
present testimony and offer evidence.
(8)Â
The form and content of proof admissible at the hearing shall be
prescribed in the rules of procedure of the Commission. The hearing
shall not be governed by the rules of evidence applicable in the Supreme
Court of the State of New York. The testimony taken at the hearing
shall be under oath and shall be transcribed.
[Amended 3-7-2017 by L.L.
No. 3-2017]
(9)Â
Subsequent to the hearing and to such briefing as the presiding administrative
law judge may direct, the presiding administrative law judge shall
prepare a recommended decision and order and forward that recommended
decision and order, along with the record in the case, to the Executive
Director.
L.Â
Decision and order.
(1)Â
If, upon all the evidence at the hearing, and upon the findings of
fact, conclusions of law and relief recommended by an administrative
law judge, the Executive Director shall find that a respondent has
engaged in any unlawful discriminatory practice as set forth in this
article, the Executive Director shall state his/her findings of fact
and conclusions of law and shall issue and cause to be served on such
respondent an order for such relief as may be appropriate. Such order
shall require the respondent to take such affirmative action as, in
the judgment of the Executive Director, will effectuate the purposes
of this article and shall include, but not be limited to:
(a)Â
Cease and desist from the unlawful discriminatory practice;
(b)Â
Hiring, reinstatement or upgrading of employees, with or without
back pay, restoration to membership in any respondent labor organization,
admission to or participation in a guidance program, apprenticeship
training program, on-the-job training program or other occupational
training or retraining program;
(c)Â
Selling, renting or leasing, or approving the sale, rental or
lease of housing accommodations, land, or commercial space, or an
interest therein, or the provision of credit with respect thereto,
without unlawful discrimination, if such actions are appropriate;
(d)Â
Requiring training, monitoring, or adopting alternative policies;
(e)Â
Payment of compensatory damages to the individual aggrieved
by such practice or act; or
(2)Â
If, upon all the evidence at the hearing, and upon the findings of
fact and conclusions of law recommended by the administrative law
judge, the Executive Director shall find that a respondent has not
engaged in any such unlawful discriminatory practice, the Executive
Director shall state his/her findings of fact and conclusions of law
and shall issue and cause to be served on the complainant, respondent,
and any necessary party or any complainant who has not intervened
an order dismissing the complaint as to such respondent.
M.Â
Reopening of proceeding by Commission. The Commission may reopen
any proceeding, or vacate or modify any order or determination of
the Commission, whenever justice so requires, in accordance with the
rules of the Commission.
N.Â
Injunction and temporary restraining order. At any time after the
filing of a complaint with the Commission alleging an unlawful discriminatory
practice where there is reason to believe that the respondent, or
any other person acting in concert with the respondent, may do or
cause to be done any act that would tend to render ineffectual relief
that could be ordered:
(1)Â
The County may commence or cause to be commenced, a special proceeding
in accordance with Article 63 of the Civil Practice Law and Rules
for an order to show cause why the respondent and such other persons
should not be enjoined from doing or causing such acts to be done;
and
(2)Â
In the case of unlawful discriminatory practices in relation to the
sale, lease, or rental of housing accommodations or commercial property,
where the County has obtained injunctive relief pursuant to this section,
a notice may be posted by the County in a conspicuous place on such
housing accommodation or commercial property stating that such accommodation
or property is the subject of a complaint before the Commission and
that prospective buyers, renters, or lessees will take such accommodations
or property at their own risk; provided, however, that no such notice
shall be posted where the person charged with discrimination agrees
in writing not to sell, rent, or lease such housing accommodations
or property during the pendency of the action or proceeding against
him, her, or it. Any willful destruction, defacement, alteration or
removal of such notice by the owner or the agents or employees of
the owner shall be a misdemeanor punishable upon conviction by a fine
of up to $500.
(3)Â
Nothing herein shall prevent a complainant from applying to a court
of competent jurisdiction for an injunction, temporary or permanent,
or from filing a lis pendens against property.
O.Â
Judicial review.
(2)Â
Such proceeding shall be brought in Supreme Court, Suffolk County.
(3)Â
Such proceeding shall be initiated by the filing of a petition in
such court and the issuance and service of a notice of petition returnable
before such court. Thereupon, the court shall have jurisdiction of
the proceeding and of the questions determined therein, and shall
have power to make and enter upon the pleadings, testimony, and proceedings
set forth in any written transcript of the record upon the hearing
before the Commission an order annulling, confirming or modifying
the order of the Commission, in whole or in part, or to grant to the
petitioner, or any other party, such temporary relief, restraining
order, or other order or relief as the court determines is just and
proper.
P.Â
Enforcement.
(1)Â
Any action or proceeding that may be appropriate or necessary for
the enforcement of any order issued by the Commission pursuant to
this article, including actions to secure permanent injunctions enjoining
any acts or practices which constitute a violation of any such order,
mandating compliance with the provisions of any such order, imposing
penalties, or for such other relief as may be appropriate, may be
initiated in any court of competent jurisdiction by the County on
behalf of the Commission. In any such action or proceeding, application
may be made for a temporary restraining order or preliminary injunction,
enforcing and restraining all persons from violating any provisions
of any such order, or for such other relief as may be just and proper,
until hearing and determination of such action or proceeding and the
entry of final judgment or order thereon. The court to which such
application is made may make any or all of the orders specified, as
may be required in such application, with or without notice, and may
make such other or further orders or directions as may be necessary
to render the same effect.
(3)Â
An action or proceeding may be commenced in any court of competent
jurisdiction on behalf of the Commission for the recovery of the civil
and criminal penalties provided for in this article.
Q.Â
Institution of actions or proceedings. Where any of the provisions
of this article authorize an application to be made, or an action
or proceeding to be commenced on behalf of the Commission in a court,
such application may be made or such action or proceeding may be instituted
only by the County Attorney, such attorneys that may be employed by
the Commission as are designated by the County Attorney or other individuals
designated by the County Attorney.
R.Â
Civil cause of action.
(1)Â
Any individual, including an individual who has filed a complaint
with the Commission, claiming to be aggrieved by an unlawful discriminatory
practice as proscribed by this article shall have a cause of action
in any court of competent jurisdiction for damages, injunctive relief
and such other remedies as may be appropriate; provided, however,
that an individual who has filed a complaint with the Commission with
respect to such alleged unlawful discriminatory practice withdraws
the complaint so filed.
(2)Â
Notwithstanding any inconsistent provision of Subsection R, where a complaint filed with the Commission is dismissed pursuant to Subsection G for administrative convenience, an individual shall maintain all rights to commence a civil action pursuant to this article as if no such complaint has been filed.
(3)Â
A civil action commenced under this Subsection R must be commenced within two years after the alleged unlawful discriminatory practice occurred. Upon the filing of a complaint with the Commission and during the pendency of such complaint and any court proceeding for review of the dismissal of such complaint, such two-year limitation period shall be tolled.
(4)Â
Notwithstanding any inconsistent provision of this Subsection R, where a complaint filed with the Commission is dismissed for administrative convenience and such dismissal is due to the complainant's malfeasance, misfeasance or recalcitrance, the two-year limitation period on commencing a civil action pursuant to this section shall not be tolled.
S.Â
Pattern and practice investigations by County Attorney.
(1)Â
Whenever there is reasonable cause to believe that a person is engaged in a pattern or practice that results in the denial to any individual of the full enjoyment of any right secured by this article, a civil action on behalf of the Commission or the County may be commenced in a court of competent jurisdiction by filing a complaint setting forth facts pertaining to such pattern or practice and requesting such relief as may be deemed necessary to ensure the full enjoyment of the rights described in this article, including, but not limited to, injunctive relief, damages, and such other types of relief as are deemed appropriate. Nothing in this Subsection S shall be construed to prohibit an individual from filing a complaint pursuant to Subsection A or from commencing a civil action in a court of competent jurisdiction based upon the same facts pertaining to such pattern or practice as are alleged in the civil action, or the Commission from filing a Commission-initiated complaint pursuant to Subsection A alleging a pattern or practice of discrimination, provided that a civil action pursuant to this subsection shall not have previously been commenced.
(2)Â
A civil action commenced under this Subsection S must be commenced within two years after the alleged discriminatory practice occurred.
(3)Â
Such action may be instituted only by the County Attorney, such attorneys
employed by the Commission as are designated by the County Attorney
or other individuals designated by the County Attorney.
A.Â
In any matter where the Executive Director finds that a person has
engaged in an unlawful discriminatory practice, the Commission may
award compensatory damages to the individual aggrieved by such practice;
impose payment to the County general fund of profits obtained by a
respondent through the commission of unlawful discriminatory acts;
and impose civil fines and penalties in an amount not to exceed $50,000,
to be paid to the County general fund by a respondent, or not to exceed
$100,000 to be paid to the County general fund by a respondent found
to have committed an unlawful discriminatory act which is found to
be willful, wanton or malicious. In cases of housing discrimination
or COVID-19 discrimination, punitive damages in an amount not to exceed
$10,000 may be awarded to the individual aggrieved by such practice.
[Amended 6-22-2021 by L.L. No. 21-2021]
B.Â
Any civil fines or penalties imposed pursuant to this § 528-14, shall be separately stated and shall be in addition to and not reduce or offset any other damages or payment imposed upon a respondent pursuant to this article. In cases of employment discrimination where the employer has fewer than 50 employees, such civil fine or penalty may be paid in reasonable installments, in accordance with regulations promulgated by the Commission. Such regulation shall require the payment of reasonable interest resulting from the delay and in no case permit installments to be made over a period longer than three years.
C.Â
In addition to any other penalties or sanctions which may be imposed
pursuant to any other law, any person who knowingly makes a material
false statement in any proceeding conducted, or document or record
filed, with the Commission, or record required to be preserved or
made and kept and subject to inspection by the Commission pursuant
to this section shall be liable for a civil penalty in an amount up
to $5,000.
D.Â
In addition to any other penalties or sanctions which may be imposed
pursuant to this article or any other law, any person who shall willfully
resist, prevent, impede or interfere with the Commission or any of
its employees or representatives in the performance of duty under
this article, or who shall willfully violate an order of the Commission
or Executive Director or conciliation agreement, shall be liable for
a civil penalty of not more than $50,000 and an additional civil penalty
of not more than $1,000 per day for each day that the violation continues.
Attorney's fees may be awarded by the Commission to a prevailing
party under this article in accordance with applicable provisions
of state law.
A.Â
Any action or proceeding that may be appropriate or necessary for
the enforcement of any order issued by the Commission pursuant to
this article shall be brought in the New York State Supreme Court,
Suffolk County.
B.Â
The County Attorney is hereby authorized to take such action as necessary
to obtain enforcement of the provisions of this article, including
the enforcement of corrective orders and the assessment of penalties
and fines as provided herein. Any action taken by the Commission or
the County Attorney under this article shall not require resolution
of the County Legislature.
This article shall be construed liberally for the accomplishment
of its purposes.
The Executive Director of the Suffolk County Human Rights Commission
is hereby authorized, empowered, and directed to promulgate and issue
such rules and regulations as shall be deemed necessary to carry out
the provisions of this article. These rules shall include rules providing
that the Commission shall be a party to all complaints and that a
complainant shall be a party to a Commission-initiated complaint if
the complainant has intervened in the manner set forth in the rules
of the Commission. These rules shall also include rules governing
discovery, sanctions for noncompliance with orders, motion practice
and the issuance of subpoenas.