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:
AGENT
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.
ALIENAGE OR CITIZENSHIP
A.
The citizenship of any individual; or
B.
The immigration status of any individual legally eligible to
be employed within the United States and who is not a citizen or national
thereof.
COMMERCIAL SPACE
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.
COMMISSION
The Suffolk County Human Rights Commission.
COVERED ENTITY
A person required to comply with any provision of this article.
CREDIT
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.
CREDITOR
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.
DEMONSTRATES
Meeting the burdens of production and persuasion.
DISABILITY
A.
Physical, medical or mental impairment.
(1)
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
(2)
A record of such an impairment.
B.
In the case of alcoholism, drug addiction or other substance
abuse, the term "disability" shall only apply to an individual who:
(1)
Is recovering or has recovered and
(2)
Currently is free of such abuse, and shall not include an individual
who is currently engaged in the illegal use of drugs, when the covered
entity acts on the basis of such use.
DOMESTIC WORKER
As defined in §
2 of the New York State Labor Law, as same may be amended from time to time.
EMPLOYEE
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.
EMPLOYER
As defined in § 292 of the New York Executive Law,
as same may be amended from time to time.
EMPLOYMENT AGENCY
Any person undertaking to procure employees or opportunities
to work.
ESSENTIAL FUNCTIONS
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:
A.
The reason the position exists is to perform that function;
B.
The limited number of employees available among whom the performance
of that job function can be distributed; and
C.
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.
FAMILIAL STATUS
A.
Any individual who is pregnant or has a child or is in the process
of securing legal custody of any individual who has not attained the
age of 18 years; or
B.
One or more individuals (who have not attained the age of 18
years) being domiciled with:
(1)
A parent or another individual having legal custody of such
individual or individuals; or
(2)
The designee of such parent or other individual having custody.
GENDER
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.
GROUP IDENTITY
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]
GUIDE DOG
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.
HEARING DOG
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.
HOUSING ACCOMMODATION
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.
LABOR ORGANIZATION
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.
LAWFUL SOURCE OF INCOME
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.
MILITARY STATUS
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.
MULTIPLE DWELLING
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.
PERSON
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.
PLACE OF PUBLIC ACCOMMODATION, RESORT OR AMUSEMENT
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.
A.
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:
(1)
It has more than 100 members;
(2)
It provides regular meal service; and
(3)
It regularly receives payment for dues, fees, use of space,
facilities, services, meals or beverages directly or indirectly from
or on behalf of nonmembers for the furtherance of trade or business.
B.
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.
PREGNANCY-RELATED CONDITION
A physical or mental condition intrinsic to pregnancy or
childbirth, and includes the expression of breast milk by nursing
mothers.
PREMIUM BENEFIT
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.
PREMIUM WAGES
Includes overtime pay and compensatory time off, and additional
remuneration for night, weekend or holiday work, or for standby or
irregular duty.
PROTECTIVE HAIR STYLE
Includes, but is not limited to, such hairstyles as braids,
locks, and twists.
[Added 6-23-2020 by L.L. No. 26-2020]
PUBLICLY ASSISTED HOUSING ACCOMMODATIONS
All housing accommodations within Suffolk County in:
A.
Publicly owned or operated housing accommodations;
B.
Housing operated by housing companies under the supervision
of the State Commissioner of Housing;
C.
Housing constructed after July 1, 1950, within Suffolk County
and which is either:
(1)
Exempt in whole or in part from taxes levied by the state or
any of its political subdivisions;
(2)
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;
(3)
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
(4)
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.
D.
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
E.
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:
(1)
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
(2)
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.
REAL ESTATE BROKER
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.
REAL ESTATE SALESPERSON
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.
REASONABLE ACCOMMODATION
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.
SERVICE DOG
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.
VETERAN STATUS
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]
VICTIM OF DOMESTIC VIOLENCE
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.
It shall be an unlawful discriminatory practice for an employer
or any employee or agent thereof to:
A. 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) Submission to such conduct is made either explicitly or implicitly
a term or condition of an individual's employment;
(2) Submission to or rejection of such conduct by an individual is used
as the basis for employment decisions affecting such individual; or
(3) 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. 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.
Attorney's fees may be awarded by the Commission to a prevailing
party under this article in accordance with applicable provisions
of state law.
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.