[Adopted 7-9-2003 by Ord. No. 2003-13[1]]
[1]
Editor's Note: This ordinance also repealed
former Art. I, Fair Housing, adopted 5-7-1980 by Ord. No. 80-5, as
amended.
[Amended 1-4-2017 by Ord.
No. 2017-02]
While the City of Ithaca Municipal Code presently
provides human rights protections related to fair housing, it does
not contain similar provisions prohibiting discrimination in the areas
of credit; education; employment, and public accommodations. Therefore,
the Common Council of the City of Ithaca is desirous of providing
for protection against discrimination to its residents in all of these
areas. Furthermore, Common Council wishes to extend human rights protection
to the following list of protected classes: Persons who are discriminated
against on the basis of actual or perceived age; creed; color; disability;
domestic violence victim status; ethnicity; familial status; gender;
gender identity or expression; height; immigration or citizenship
status; marital status; military status; national origin; predisposing
genetic characteristics; race; religion; sex; sexual orientation;
socioeconomic status; or weight.
When used in this article, the following terms
shall have the meanings indicated:
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 right conferred upon a person 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 which does business in
this city and 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.
Any person doing business in this city who regularly makes
credit reports, as such term is defined by Subdivision e of § 371
of the General Business Law.
Any physical or mental impairment that substantially limits
a major life activity or any record of such an impairment or being
regarded by others as having such an impairment. Examples of physical
or mental impairments include but are not limited to such contagious
and noncontagious diseases and conditions as orthopedic, visual, speech,
and hearing impairments; cerebral palsy; epilepsy; muscular dystrophy;
multiple sclerosis; cancer; heart disease; diabetes; HIV disease (whether
symptomatic or asymptomatic); tuberculosis; drug addiction; alcoholism;
mental retardation; organic brain syndrome; emotional illness and
specific learning disabilities.
[Amended 9-3-2003 by Ord. No. 2003-16]
Includes segregation and separation.
An individual who performs services for and under the control
and direction of an employer for wages or other remuneration, but
not including any individual employed by his or her parents, spouse
or child, or in the domestic service of any person, nor any person
whose work qualifies under applicable New York State law as that of
an independent contractor.
[Amended 5-4-2022 by Ord. No. 2022-03]
Any person, firm, partnership, institution, corporation,
or association that employs one or more employees, but not including
any such entity with fewer than four employees in its employ.
[Amended 5-4-2022 by Ord. No. 2022-03]
Any person undertaking to procure employees or opportunities
to work as an employee.
[Amended 5-4-2022 by Ord. No. 2022-03]
Includes actual or perceived sex and shall also include a
person's gender identity, self-image, appearance, behavior, or expression,
whether or not that gender identity, self-image, appearance, behavior
or expression is different from that traditionally associated with
the legal sex assigned to that person at birth.
When one's perception of self is different from their assigned
sex at birth. External appearance of one's gender identity, usually
expressed through behavior, clothing, haircut or voice, and which
may or may not conform to socially defined behaviors and characteristics
typically associated with being either masculine or feminine.
[Added 1-4-2017 by Ord.
No. 2017-02]
Any variation in an individual's DNA, which has been shown
to confer a genetically influenced disease or predisposition to a
genetically influenced disease or makes the individual a carrier of
such variation. For this purpose The term "carrier" shall mean a carrier
of a genetic anomaly being an individual who is at risk of having
offspring with a genetically influenced disease but who has no predisposition
of incurring that disease himself or herself.
The presence of a variation in the composition of the genes
of an individual which is scientifically or medically identifiable
and which is determined to be associated with an increased statistical
risk of being expressed as a physical or mental disease or disability
in the individual but which has not resulted in any symptoms of such
disease or disorder.
An assay employing DNA, constituent genes, or gene products
to diagnose or predict the presence of a genetic anomaly that is linked
to a physical or mental disease or disability in the individual or
the individual's offspring, or susceptibility to or predisposition
for a genetically influenced disease or disability.
Includes 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.
Includes 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 other mutual aid or protection in connection
with employment.
(Reserved)
Includes "ancestry."
Includes one or more individuals, partnerships, associations,
corporations, legal representatives, trustees, trustees in bankruptcy,
or receivers.
Includes, except as hereinafter specified, all places included
in the meaning of such terms as: inns, taverns, road houses, hotels,
or motels, whether conducted for the entertainment of transient guests
or for the accommodation of those seeking health, recreation or rest;
or restaurants or eating houses, or any place where food is sold for
consumption on the premises; buffets, saloons, barrooms, or any store,
park or enclosure where spirituous or malt liquors are sold; ice cream
parlors, confectionaries, soda fountains, and all stores where ice
cream, ice and fruit preparations or their derivatives or where beverages
of any kind are retailed for consumption on the premises; wholesale
and retail stores and establishments dealing with goods or services
of any kind; dispensaries, clinics, hospitals, bath-houses, swimming
pools, laundries and all other cleaning establishments, barbershops,
beauty parlors, theaters, motion-picture houses, airdromes, roof gardens,
music halls, race courses, skating rinks, amusement and recreation
parks, trailer camps, resort camps, fairs, bowling alleys, golf courses,
gymnasiums, shooting galleries, billiard and pool parlors; garages,
all public conveyances operated on land or water or in the air, as
well as the stations and terminals thereof; travel or tour advisory
services, agencies or bureaus; public halls and public elevators of
buildings and structures occupied by two or more tenants, or by the
owner and one or more tenants. Such term shall not include public
libraries, kindergartens, primary and secondary schools, high schools,
academies, colleges and universities, extension courses, and all educational
institutions under the supervision of the regents of the State of
New York; any such public library, kindergarten, primary and secondary
school, academy, college, university, professional school, extension
course or other education facility, supported in whole or in part
by public funds or by contributions solicited from the general public;
or any institution, club or place of accommodation which proves that
it is in its nature distinctly private. In no event shall an institution,
club or place of accommodation be considered in its nature distinctly
private if it has more than one hundred members, provides regular
meal service and regularly receives payment for dues, fees, use of
space, facilities, services, meals or beverages directly or indirectly
from or on behalf of a nonmember for the furtherance of trade or business.
An institution, club, or place of accommodation which is not deemed
distinctly private pursuant to this subsection may nevertheless apply
such selective criteria as it chooses in the use of its facilities,
in evaluating applicants for membership and in the conduct of its
activities, so long as such selective criteria do not constitute discriminatory
practices under this article or any other provision of law. For the
purposes of this section, a corporation incorporated under the benevolent
orders law or described in the benevolent orders law but formed under
any other law of this state or a religious corporation incorporated
under the education law or the 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 City of Ithaca championship
contest or uses the words "City of Ithaca" in its announcements shall
be deemed a private exhibition within the meaning of this section.
Includes all housing accommodations within the City of Ithaca
in:
Public housing;
Housing operated by housing companies under
the supervision of the New York State Commissioner of Housing,
Housing constructed after July 1, 1950, within
the City of Ithaca:
Which is exempt in whole or in part from taxes
levied by the state or any of its political subdivisions,
Which is 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;
Which is 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
For the acquisition, construction, repair or
maintenance of which the state or any of its political subdivisions
or any agency thereof supplies funds or other financial assistance;
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 guaranty or insurance;
and
Housing which is offered for sale by a person
who owns or otherwise controls the sale of ten 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 guaranty 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, firm or corporation who, 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 or attempts 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 the sale of lots pursuant to the provisions of
Article 9-A of the Real Property Law, the term "real estate broker"
shall also include any person, partnership, association or corporation
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 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.
A person employed by a licensed real estate broker to list
for sale, sell or offer for sale, at auction or otherwise, to buy
or offer 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 in behalf of such real estate broker.
Actions taken which permit an employee, prospective employee
or member with a disability to perform in a reasonable manner the
activities 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 persons with impaired
hearing or vision, job restructuring and modified work schedules;
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 creditor, as herein defined, which has received its charter,
license, or organization certificate, as the case may be, from the
New York State Banking Department or which is otherwise subject to
the supervision of the New York State Banking Department.
Heterosexuality, homosexuality, bisexuality or asexuality,
whether actual or perceived. However, nothing contained herein shall
be construed to protect conduct otherwise proscribed by law.
The head of the New York State Banking Department appointed
pursuant to § 12 of the Banking Law.
Includes only those practices specified in sections of this
article.
A.
Employment.
(1)
It shall be an unlawful discriminatory practice:
(a)
For an employer or licensing agency to refuse
to hire or employ or to bar or to discharge from employment an individual
or to discriminate against such individual in compensation or in terms,
conditions or privileges of employment because of the actual or perceived
age; creed; color; disability; domestic violence victim status; ethnicity;
familial status; gender; gender identity or expression; height; immigration
or citizenship status; marital status; military status; national origin;
predisposing genetic characteristics; race; religion; sex; sexual
orientation; socioeconomic status; or weight of such individual.
[Amended 1-4-2017 by Ord.
No. 2017-02]
(b)
For an employment agency to discriminate against
any individual because of the actual or perceived age; creed; color;
disability; domestic violence victim status; ethnicity; familial status;
gender; gender identity or expression; height; immigration or citizenship
status; marital status; military status; national origin; predisposing
genetic characteristics; race; religion; sex; sexual orientation;
socioeconomic status; or weight of such individual, in receiving,
classifying, disposing or otherwise acting upon applications for its
services or in referring an applicant or applicants to an employer
or employers.
[Amended 1-4-2017 by Ord.
No. 2017-02]
(c)
For a labor organization to discriminate in
any way against any of its members or against any employer or any
individual employed by an employer or to exclude or expel from its
membership any individual because of the actual or perceived age;
creed; color; disability; domestic violence victim status; ethnicity;
familial status; gender; gender identity or expression; height; immigration
or citizenship status; marital status; military status; national origin;
predisposing genetic characteristics; race; religion; sex; sexual
orientation; socioeconomic status; or weight of such individual.
[Amended 1-4-2017 by Ord.
No. 2017-02]
(d)
For any employer 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 actual or perceived age; creed; color; disability;
domestic violence victim status; ethnicity; familial status; gender;
gender identity or expression; height; immigration or citizenship
status; marital status; military status; national origin; predisposing
genetic characteristics; race; religion; sex; sexual orientation;
socioeconomic status; or weight, or any intent to make any such limitation,
specification or discrimination, unless based upon a bona fide occupational
qualification; provided, however, that neither this subsection nor
any provision of this article shall be construed to prohibit the Civil
Service Commission or the City's Human Resources Department from requesting
information from applicants for civil service examinations concerning
any of the aforementioned characteristics for the purpose of conducting
studies to identify and resolve possible problems in recruitment and
testing of members of minority groups to insure the fairest possible
and equal opportunities for employment in the City of Ithaca for all
persons, regardless of actual or perceived age; creed; color; disability;
domestic violence victim status; ethnicity; familial status; gender;
gender identity or expression; height; immigration or citizenship
status; marital status; military status; national origin; predisposing
genetic characteristics; race; religion; sex; sexual orientation;
socioeconomic status; or weight; provided further, however, that nothing
contained herein shall be construed to prevent the legitimate inquiry
into an employee or prospective employee's citizenship or immigration
status for purposes of ascertaining his or her ability to be legally
employed.
[Amended 1-4-2017 by Ord.
No. 2017-02]
(e)
For any employer, labor organization or employment
agency to discharge, expel or otherwise discriminate against any person
because he or she has opposed any practices forbidden under this article
or because he or she has filed a complaint, testified or assisted
in any proceeding under this article.
(f)
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 activities involved in the job
or occupation in a reasonable manner.
(2)
Nothing in this subsection shall affect any restrictions
upon the activities of persons licensed by the State Liquor Authority
with respect to persons under 21 years of age.
B.
Employment and reasonable accommodations for persons
with disabilities.
(1)
It shall be an unlawful discriminatory practice for
an employer, licensing agency, employment agency or labor organization
to refuse to provide reasonable accommodations to the known disabilities
of an employee, prospective employee or member in connection with
a job or occupation sought or held or participation in a training
program.
(2)
Nothing contained in this subsection shall be construed
to require provision of accommodations which can be demonstrated to
impose an undue hardship on the operation of an employer's, licensing
agency's, employment agency's or labor organization's business, program
or enterprise. In making such a demonstration with regard to undue
hardship, the factors to be considered include:
(a)
The overall size of the business, program or
enterprise with respect to the number of employees, number and type
of facilities, and size of budget;
(b)
The type of operation which the business, program
or enterprise is engaged in, including the composition and structure
of the workforce; and
(c)
The nature and cost of the accommodation needed.
C.
Age discrimination; illegal conditions of employment;
retaliation prohibited.
(1)
It shall be an unlawful discriminatory practice:
(a)
For an employer or licensing agency to refuse
to hire or employ or license or to bar or to terminate from employment
an individual 18 years of age or older, or to discriminate against
such individual in promotion, compensation or in terms, conditions,
or privileges of employment, because of such individual's age.
(b)
For any employer, licensing agency 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 on account of age respecting
individuals 18 years of age or older, or any intent to make any such
limitation, specification, or discrimination.
(c)
For any employer, licensing agency or employment
agency to discharge or otherwise discriminate against any person because
he or she has opposed any practices forbidden under this article or
because he or she has filed a complaint, testified or assisted in
any proceeding under this article.
(2)
Notwithstanding any other provision of law, no employee shall be subject to termination or retirement from employment on the basis of age, except where age is a bona fide occupational qualification reasonably necessary to the normal operation of a particular business, where the differentiation is based on reasonable factors other than age, or as otherwise specified in Subsection C(3) and (4) of this section or in Article 14-A of the Retirement and Social Security Law.
(3)
Nothing contained in this subsection or in Subsection C(1)(a) of this section shall be construed to prevent the compulsory retirement of any employee who has attained 65 years of age and who, for a two-year period immediately before retirement, is employed in a bona fide executive or a high policymaking position, if such employee is entitled to an immediate nonforfeitable annual retirement benefit from a pension, profit-sharing, savings, or deferred compensation plan, or any combination of such plans as set forth in § 296(3-a)(e) of the New York Executive Law.
(4)
Nothing contained in this subsection, in Subsection C(1)(a) of this section or in Article 14-A of the Retirement and Social Security Law shall be construed to prevent the compulsory retirement of any employee who has attained 70 years of age and is serving under a contract for unlimited tenure, or a similar arrangement providing for unlimited tenure, at a nonpublic institution of higher education. For purposes of such subsections or article, the term "institution of higher education" means an educational institution which:
(a)
Admits as regular students only persons having
a certificate of graduation from a school providing secondary education,
or the recognized equivalent of such a certificate;
(b)
Is lawfully authorized to provide a program
of education beyond secondary education; and
(c)
Provides an educational program for which it
awards a bachelor's degree or provides not less than a two-year program
which is acceptable for full credit toward such a degree.
(5)
In the event of a conflict between the provisions
of this subsection and the provisions of Article 14-A of the Retirement
and Social Security Law, the provisions of Article 14-A of such law
shall be controlling. But nothing contained in this subsection, or
in any other subsection of this section shall be construed to prevent
the termination of the employment of any person who, even upon the
provision of reasonable accommodations, is physically unable to perform
his or her duties or to affect the retirement policy or system of
any employer where such policy or system is not merely a subterfuge
to evade the purposes of said subsections; nor shall anything in such
subsections be deemed to preclude the varying of insurance coverages
according to an employee's age. The provisions of this subsection
shall not affect any restriction upon the activities of persons licensed
by the State Liquor Authority with respect to persons under 21 years
of age.
D.
Religious observances by employees.
(1)
It shall be an unlawful discriminatory practice for any employer, or an employee or agent thereof, to impose upon a person as a condition of obtaining or retaining employment, including opportunities for promotion, advancement or transfers, any terms or conditions that would require such person 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. 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 this subsection or Subsection D(2) of this section shall alter or abridge the rights granted to an employee concerning the payment of wages or privileges of seniority accruing to that employee.
(2)
Except where it would cause an employer to incur an
undue hardship, no person 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 person as leave taken without pay.
(3)
It shall be an unlawful discriminatory practice for an employer to refuse to permit an employee to utilize leave, as provided in Subsection D(2) of this section, solely because the leave will be used for absence from work to accommodate the employee's sincerely held religious observance or practice.
(4)
PREMIUM BENEFIT
PREMIUM WAGES
UNDUE HARDSHIP
As used in this subsection, the following terms shall
have the meanings indicated:
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.
Include overtime pay and compensatory time off, and additional
remuneration for night, weekend or holiday work, or for standby or
irregular duty.
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).
(a)
Factors to be considered in determining whether
the accommodation constitutes an undue economic hardship shall include,
but not be limited to:
[1]
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]
The number of individuals who will need the
particular accommodation to a sincerely held religious observance
or practice; and
[3]
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.
(b)
However, an accommodation shall be considered
to constitute an undue hardship if it will result in the inability
of an employee to perform the essential functions of the position
in which he or she is employed.
E.
Apprenticeships. It shall be an unlawful discriminatory
practice for an employer, labor organization, employment agency or
any joint labor-management committee controlling apprentice training
programs:
(1)
To select persons for an apprentice training program
registered with the State of New York on any basis other than their
qualifications, as determined by objective criteria which permit review;
(2)
To deny to or withhold from any person, because of
his or her actual or perceived age; creed; color; disability; domestic
violence victim status; ethnicity; familial status; gender; gender
identity or expression; height; immigration or citizenship status;
marital status; military status; national origin; predisposing genetic
characteristics; race; religion; sex; sexual orientation; socioeconomic
status; or weight, the right to be admitted to or participate in a
guidance program, an apprenticeship training program, on-the-job training
program, executive training program, or other occupational training
or retraining program;
[Amended 1-4-2017 by Ord.
No. 2017-02]
(3)
To discriminate against any person in his or her pursuit
of such programs or to discriminate against such a person in the terms,
conditions or privileges of such programs because of his or her/their
actual or perceived age; creed; color; disability; domestic violence
victim status; ethnicity; familial status; gender; gender identity
or expression; height; immigration or citizenship status; marital
status; military status; national origin; predisposing genetic characteristics;
race; religion; sex; sexual orientation; socioeconomic status; or
weight;
[Amended 1-4-2017 by Ord.
No. 2017-02]
(4)
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 program which expresses, directly or indirectly, any limitation,
specification or discrimination as to actual or perceived age; creed;
color; disability; domestic violence victim status; ethnicity; familial
status; gender; gender identity or expression; height; immigration
or citizenship status; marital status; military status; national origin;
predisposing genetic characteristics; race; religion; sex; sexual
orientation; socioeconomic status; or weight, or any intention to
make any such limitation, specification or discrimination, unless
based on a bona fide occupational qualification.
[Amended 1-4-2017 by Ord.
No. 2017-02]
F.
Employment;
minimum and maximum compensation in job listings.
[Amended 5-4-2022 by Ord. No. 2022-03]
(1)
It
shall be an unlawful discriminatory practice for an employment agency,
employer, employee or agent thereof to advertise an opportunity for
employment as an employee, including a job, promotion or transfer
opportunity without stating the minimum and maximum hourly or salary
compensation for such position in such advertisement. In stating the
minimum and maximum hourly or salary compensation for a position,
the range may extend from the lowest to the highest hourly or salary
compensation the employer in good faith believes at the time of the
posting it would pay for the advertised job, promotion or transfer
opportunity.
(2)
This
subsection does not apply to an employer that employs fewer than four
employees whose standard work locations are in the city.
(3)
This
subsection does not apply to a job advertisement for temporary employment
at a temporary help firm as such term is defined by Subdivision 5
of Section 916 of Article 31 of the Labor Law.
A.
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 age; creed; color; disability;
domestic violence victim status; ethnicity; familial status; gender;
gender identity or expression; height; immigration or citizenship
status; marital status; military status; national origin; predisposing
genetic characteristics; race; religion; sex; sexual orientation;
socioeconomic status; or weight of any person, directly or indirectly,
to refuse, withhold from or deny to such person 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 person on account of actual or perceived age;
creed; color; disability; domestic violence victim status; ethnicity;
familial status; gender; gender identity or expression; height; immigration
or citizenship status; marital status; military status; national origin;
predisposing genetic characteristics; race; religion; sex; sexual
orientation; socioeconomic status; or weight, or that the patronage
or custom thereat of any person of or purporting to be of any particular
actual or perceived age; creed; color; disability; domestic violence
victim status; ethnicity; familial status; gender; gender identity
or expression; height; immigration or citizenship status; marital
status; military status; national origin; predisposing genetic characteristics;
race; religion; sex; sexual orientation; socioeconomic status; or
weight is unwelcome, objectionable or not acceptable, desired or solicited.
[Amended 1-4-2017 by Ord.
No. 2017-02]
B.
Nothing in this subsection shall be construed to prevent
the barring of any person, because of the gender of such person, from
places of public accommodation, resort or amusement if Common Council
grants an exemption based on bona fide considerations of public policy;
nor shall this subsection apply to the rental of rooms in a housing
accommodation which restricts such rental to individuals of one gender.
A.
It shall be an unlawful discriminatory practice for
the owner, lessee, sublessee, assignee, or managing agent of publicly
assisted housing accommodations or other person having the right of
ownership or possession of or the right to rent or lease such accommodations:
(1)
To refuse to sell, rent or lease or otherwise to deny
to or withhold from any person or group of persons such housing accommodations
because of the actual or perceived age; creed; color; disability;
domestic violence victim status; ethnicity; familial status; gender;
gender identity or expression; height; immigration or citizenship
status; marital status; military status; national origin; predisposing
genetic characteristics; race; religion; sex; sexual orientation;
socioeconomic status; or weight of such person or persons, or to represent
that any housing accommodation or land is not available for inspection,
sale, rental or lease when in fact it is so available.
[Amended 1-4-2017 by Ord.
No. 2017-02]
(2)
To discriminate against any person because of his
or her actual or perceived age; creed; color; disability; domestic
violence victim status; ethnicity; familial status; gender; gender
identity or expression; height; immigration or citizenship status;
marital status; military status; national origin; predisposing genetic
characteristics; race; religion; sex; sexual orientation; socioeconomic
status; or weight in the terms, conditions or privileges of any publicly
assisted housing accommodations or in the furnishing of facilities
or services in connection therewith.
[Amended 1-4-2017 by Ord.
No. 2017-02]
(3)
To cause to be made any written or oral inquiry or
record concerning the actual or perceived age; creed; color; disability;
domestic violence victim status; ethnicity; familial status; gender;
gender identity or expression; height; immigration or citizenship
status; marital status; military status; national origin; predisposing
genetic characteristics; race; religion; sex; sexual orientation;
socioeconomic status; or weight of a person seeking to rent or lease
any publicly-assisted housing accommodation.
[Amended 1-4-2017 by Ord.
No. 2017-02]
(4)
Persons with disabilities:
(a)
To refuse to permit, at the expense of the person
with a disability, reasonable modifications of existing premises occupied
or to be occupied by the said person, if the modifications may be
necessary to afford the said person full enjoyment of the premises,
in conformity with the provisions of the New York State 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's agreeing to restore the interior of the premises to
the condition that existed before the modification, reasonable wear
and tear excepted.
(b)
To refuse to make reasonable accommodations
in rules, policies, practices, or services, when such accommodations
may be necessary to afford a person with a disability equal opportunity
to use and enjoy a dwelling.
(c)
In connection with the design and construction
of covered multifamily dwellings for first occupancy after March 13,
1991, to fail to design and construct dwellings, in accordance with
the accessibility requirements of the New York State Fire Prevention
and Building Code, to provide that:
[1]
The public use and common use portions of the
dwellings are readily accessible to and usable by disabled persons
with disabilities;
[2]
All the doors are designed in accordance with
the New York State Fire Prevention and Building Code to allow passage
into and within all premises and are sufficiently wide to allow passage
by persons in wheelchairs; and
[3]
All premises within covered multifamily dwelling
units contain an accessible route into and through the dwelling; light
switches, electrical outlets, thermostats, and other environmental
controls are in accessible locations; there are reinforcements in
the bathroom walls to allow later installation of grab bars; and there
are usable kitchens and bathrooms such that an individual in a wheelchair
can maneuver about the space, in conformity with the New York State
Uniform Fire Prevention and Building Code.
B.
Nothing in this section shall restrict the consideration
of age in the rental of publicly assisted housing accommodations if
Common Council grants an exemption based on bona fide considerations
of public policy for the purpose of providing for the special needs
of a particular age group without the intent of prejudicing other
age groups.
C.
Nothing in this section shall be deemed to restrict
the rental of rooms in school or college dormitories to individuals
of the same sex.
[Amended 1-4-2017 by Ord.
No. 2017-02]
It shall be an unlawful discriminatory practice
for an education corporation or association which holds itself out
to the public to be nonsectarian and exempt from taxation pursuant
to the provisions of Article 4 of the Real Property Tax Law to deny
the use of its facilities to any person otherwise qualified, by reason
of his or her actual or perceived age; creed; color; disability; domestic
violence victim status; ethnicity; familial status; gender; gender
identity or expression; height; immigration or citizenship status;
marital status; military status; national origin; predisposing genetic
characteristics; race; religion; sex; sexual orientation; socioeconomic
status; or weight.
A.
It shall be an unlawful discriminatory practice for
any real estate broker, real estate salesperson or employee or agent
thereof or any other individual, corporation, partnership or organization
for the purpose of inducing a real estate transaction from which any
such person or any of its stockholders or members may benefit financially,
to represent that a change has occurred or will or may occur in the
composition with respect to the actual or perceived age; creed; color;
disability; domestic violence victim status; ethnicity; familial status;
gender; gender identity or expression; height; immigration or citizenship
status; marital status; military status; national origin; predisposing
genetic characteristics; race; religion; sex; sexual orientation;
socioeconomic status; or weight of the owners or occupants in the
block, neighborhood or area in which the real property is located,
and to represent, directly or indirectly, that this change will or
may result in undesirable consequences in the block, neighborhood
or area in which the real property is located, including but not limited
to the lowering of property values, an increase in criminal or antisocial
behavior, or a decline in the quality of schools or other facilities.
[Amended 1-4-2017 by Ord.
No. 2017-02]
B.
Sale or lease of housing by owner.
(1)
It shall be an unlawful discriminatory practice for
the owner, lessee, sublessee, assignee, or managing agent of, or other
person having the right to sell, rent or lease a housing accommodation,
constructed or to be constructed, or any agent or employee thereof:
[Amended 1-4-2017 by Ord.
No. 2017-02]
(a)
To refuse to sell, rent, lease or otherwise
to deny to or withhold from any person or group of persons such a
housing accommodation because of the actual or perceived age; creed;
color; disability; domestic violence victim status; ethnicity; familial
status; gender; gender identity or expression; height; immigration
or citizenship status; marital status; military status; national origin;
predisposing genetic characteristics; race; religion; sex; sexual
orientation; socioeconomic status; or weight of such person or persons,
or to represent that any housing accommodation or land is not available
for inspection, sale, rental or lease when in fact it is so available.
(b)
To discriminate against any person because of
actual or perceived age; creed; color; disability; domestic violence
victim status; ethnicity; familial status; gender; gender identity
or expression; height; immigration or citizenship status; marital
status; military status; national origin; predisposing genetic characteristics;
race; religion; sex; sexual orientation; socioeconomic status; or
weight in the terms, conditions or privileges of the sale, rental
or lease of any such housing accommodation or in the furnishing of
facilities or services in connection therewith.
(c)
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, rental or lease of such
housing accommodation or to make any record or inquiry in connection
with the prospective purchase, rental or lease of such a housing accommodation
which expresses, directly or indirectly, any limitation, specification
or discrimination as to actual or perceived age; creed; color; disability;
domestic violence victim status; ethnicity; familial status; gender;
gender identity or expression; height; immigration or citizenship
status; marital status; military status; national origin; predisposing
genetic characteristics; race; religion; sex; sexual orientation;
socioeconomic status; or weight, or any intent to make any such limitation,
specification or discrimination.
(2)
The provisions of this Subsection B shall not apply:
(a)
To the rental of a housing accommodation in
a building which contains housing accommodations for not more than
two families living independently of each other, if the owner resides
in one of such housing accommodations; or
(b)
To the restriction of the rental of all rooms
in a housing accommodation to individuals of the same sex; or
(c)
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 the owner resides
in such housing accommodation; or
(d)
Solely with respect to age and familial status,
to the restriction of the sale, rental or lease of housing accommodations
exclusively to persons 62 years of age or older and the spouse of
any such person, or for housing intended and operated for occupancy
by at least one person 55 years of age or older per unit. In determining
whether housing is intended and operated for occupancy by persons
55 years of age or older, Sec. 807(b) (2) (c) [42 U.S.C. 3607 (b)
(2) (c)] of the federal Fair Housing Act of 1988, as amended, shall
apply.
C.
Sale or lease of land or commercial space by owner.
(1)
It shall be an unlawful discriminatory practice for
the owner, lessee, sublessee, or managing agent of, or other person
having the right of ownership or possession of or the right to sell,
rent or lease, land or commercial space:
[Amended 1-4-2017 by Ord.
No. 2017-02]
(a)
To refuse to sell, rent, lease or otherwise
deny to or withhold from any person or group of persons land or commercial
space because of the actual or perceived age; creed; color; disability;
domestic violence victim status; ethnicity; familial status; gender;
gender identity or expression; height; immigration or citizenship
status; marital status; military status; national origin; predisposing
genetic characteristics; race; religion; sex; sexual orientation;
socioeconomic status; or weight of such person or persons, or to represent
that any housing accommodation or land is not available for inspection,
sale, rental or lease when in fact it is so available.
(b)
To discriminate against any person because of
actual or perceived age; creed; color; disability; domestic violence
victim status; ethnicity; familial status; gender; gender identity
or expression; height; immigration or citizenship status; marital
status; military status; national origin; predisposing genetic characteristics;
race; religion; sex; sexual orientation; socioeconomic status; or
weight in the terms, conditions or privileges of the sale, rental
or lease of any such land or commercial space; or in the furnishing
of facilities or services in connection therewith.
(c)
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, rental or lease of such
land or commercial space or to make any record or inquiry in connection
with the prospective purchase, rental or lease of such land or commercial
space which expresses, directly or indirectly, any limitation, specification
or discrimination as to actual or perceived age; creed; color; disability;
domestic violence victim status; ethnicity; familial status; gender;
gender identity or expression; height; immigration or citizenship
status; marital status; military status; national origin; predisposing
genetic characteristics; race; religion; sex; sexual orientation;
socioeconomic status; or weight; or any intent to make any such limitation,
specification or discrimination.
(2)
With respect to age and familial status, the provisions of Subsection C shall not apply to the restriction of the sale, rental or lease of land or commercial space exclusively to persons fifty-five years of age or older and the spouse of any such person, or to the restriction of the sale, rental or lease of land to be used for the construction or location of housing accommodations exclusively for persons 62 years of age or older, or intended and operated for occupancy by at least one person 55 years of age or older per unit. In determining whether housing is intended and operated for occupancy by persons 55 years of age or older, Sec. 807(b) (2) (c) [42 U.S.C. 3607(b) (2) (c)] of the federal Fair Housing Act of 1988, as amended, shall apply.
D.
Sale or lease of property by realtor.
(1)
It shall be an unlawful discriminatory practice for
any real estate broker, real estate salesperson or employee or agent
thereof:
[Amended 1-4-2017 by Ord.
No. 2017-02]
(a)
To refuse to sell, rent or lease any housing
accommodation, land or commercial space to any person or group of
persons or to refuse to negotiate for the sale, rental or lease, of
any housing accommodation, land or commercial space to any person
or group of persons because of the actual or perceived age; creed;
color; disability; domestic violence victim status; ethnicity; familial
status; gender; gender identity or expression; height; immigration
or citizenship status; marital status; military status; national origin;
predisposing genetic characteristics; race; religion; sex; sexual
orientation; socioeconomic status; or weight of such person or persons,
or to represent that any housing accommodation, land or commercial
space is not available for inspection, sale, rental or lease when
in fact it is so available, or otherwise to deny or withhold any housing
accommodation, land or commercial space or any facilities of any housing
accommodation, land or commercial space from any person or group of
persons because of the actual or perceived age; creed; color; disability;
ethnicity; familial status; gender; height; immigration or citizenship
status; marital status; national origin; race; religion; sexual orientation;
socioeconomic status; or weight of such person or persons.
(b)
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, rental or lease of any housing
accommodation, land or commercial space or to make any record or inquiry
in connection with the prospective purchase, rental or lease of any
housing accommodation, land or commercial space which expresses, directly
or indirectly, any limitation, specification, or discrimination as
to actual or perceived age; creed; color; disability; domestic violence
victim status; ethnicity; familial status; gender; gender identity
or expression; height; immigration or citizenship status; marital
status; military status; national origin; predisposing genetic characteristics;
race; religion; sex; sexual orientation; socioeconomic status; or
weight; or any intent to make any such limitation, specification or
discrimination.
(2)
With respect to age and familial status, the provisions
of this paragraph shall not apply to the restriction of the sale,
rental or lease of any land or commercial space exclusively to persons
fifty-five years of age or older and the spouse of any such person,
or to the restriction of the sale, rental or lease of any housing
accommodation or land to be used for the construction or location
of housing accommodations for persons 62 years of age or older, or
intended and operated for occupancy by at least one person 55 years
of age or older per unit. In determining whether housing is intended
and operated for occupancy by persons fifty-five years of age or older,
Sec. 807 (b) (2) (c) [42 U.S.C. 3607 (b) (2) (c)] of the federal Fair
Housing Act of 1988, as amended, shall apply.
E.
It shall be an unlawful discriminatory practice for
any real estate board, because of the actual or perceived age; creed;
color; disability; domestic violence victim status; ethnicity; familial
status; gender; gender identity or expression; height; immigration
or citizenship status; marital status; military status; national origin;
predisposing genetic characteristics; race; religion; sex; sexual
orientation; socioeconomic status; or weight of any individual who
is otherwise qualified for membership, to exclude or expel such individual
from membership, or to discriminate against such individual in the
terms, conditions and privileges of membership in such board.
[Amended 1-4-2017 by Ord.
No. 2017-02]
F.
It shall be an unlawful discriminatory practice for
the owner, proprietor or managing agent of, or other person having
the right to provide care and services in, a private proprietary nursing
home, convalescent home, or home for adults, or an intermediate-care
facility, as defined in § 2 of the Social Services Law,
heretofore constructed, or to be constructed, or any agent or employee
thereof, to refuse to provide services and care in such home or facility
to any individual or to discriminate against any individual in the
terms, conditions, and privileges of such services and care solely
because such individual is blind. For purposes of this subsection,
a "person who is blind" shall mean a person who is registered as such
with the Commission for the Visually Handicapped and who meets the
definition of a "blind person" pursuant to § 3 of Chapter
415 of the Laws of 1913, entitled "An Act to Establish a State Commission
for Improving the Condition of the Blind of the State of New York,
and making an appropriation therefor."
G.
The provisions of this section, as they relate to
age, shall not apply to persons under the age of 18 years.
[Amended 1-4-2017 by Ord.
No. 2017-02; 7-5-2017 by L.L. No. 2017-15]
It shall be an unlawful discriminatory practice for any fire
department or fire company therein, through any member or members
thereof, officers, or 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, based on the actual or perceived age; creed;
color; disability; ethnicity; familial status; gender; height; immigration
or citizenship status; marital status; national origin; race; religion;
sexual orientation; socioeconomic status; or weight of such individual.
A.
It shall be an unlawful discriminatory practice for
any creditor or any officer, agent or employee thereof:
(1)
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 any such applicant because of the actual or
perceived age; creed; color; disability; domestic violence victim
status; ethnicity; familial status; gender; gender identity or expression;
height; immigration or citizenship status; marital status; military
status; national origin; predisposing genetic characteristics; race;
religion; sex; sexual orientation; socioeconomic status; or weight
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, in the granting, withholding, extending or renewing, or in
the fixing of the rates, terms or conditions of, any such credit;
[Amended 1-4-2017 by Ord.
No. 2017-02]
(2)
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 actual or perceived age; creed;
color; disability; domestic violence victim status; ethnicity; familial
status; gender; gender identity or expression; height; immigration
or citizenship status; marital status; military status; national origin;
predisposing genetic characteristics; race; religion; sex; sexual
orientation; socioeconomic status; or weight;
[Amended 1-4-2017 by Ord.
No. 2017-02]
(3)
To use any form of application for credit or use or
make any record or inquiry which expresses, directly or indirectly,
any limitation, specification, or discrimination as to actual or perceived
age; creed; color; disability; domestic violence victim status; ethnicity;
familial status; gender; gender identity or expression; height; immigration
or citizenship status; marital status; military status; national origin;
predisposing genetic characteristics; race; religion; sex; sexual
orientation; socioeconomic status; or weight;
[Amended 1-4-2017 by Ord.
No. 2017-02]
(4)
To make any inquiry of an applicant concerning his
or her capacity to reproduce, or his or her use or advocacy of any
form of birth control or family planning;
(5)
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 actual or perceived age; creed; color;
disability; domestic violence victim status; ethnicity; familial status;
gender; gender identity or expression; height; immigration or citizenship
status; marital status; military status; national origin; predisposing
genetic characteristics; race; religion; sex; sexual orientation;
socioeconomic status; or weight;
[Amended 1-4-2017 by Ord.
No. 2017-02]
(6)
To discriminate against a married person because such
person neither uses nor is known by the surname of his or her spouse.
This subsection shall not apply to any situation where the use of
a surname would constitute or result in a criminal act.
B.
Without limiting the generality of Subsection A, it shall be considered discriminatory if, because of an applicant's or class of applicants' actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight:
[Amended 1-4-2017 by Ord.
No. 2017-02]
(1)
An applicant or class of applicants is denied credit
in circumstances where other applicants of like overall credit worthiness
are granted credit, or
(2)
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
credit worthiness.
C.
Exceptions.
(1)
It shall not be considered discriminatory if credit
differentiations or decisions are based upon factually supportable,
objective differences in applicants' overall credit worthiness, 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 credit worthiness of
an applicant, aggregate statistics or assumptions relating to actual
or perceived age; creed; color; disability; domestic violence victim
status; ethnicity; familial status; gender; gender identity or expression;
height; immigration or citizenship status; marital status; military
status; national origin; predisposing genetic characteristics; race;
religion; sex; sexual orientation; socioeconomic status; or weight,
or to the likelihood of any group of persons bearing or rearing children,
or for that reason receiving diminished or interrupted income in the
future.
[Amended 1-4-2017 by Ord.
No. 2017-02]
(2)
It shall not be an unlawful discriminatory practice
to consider age in determining credit worthiness when age has a demonstrable
and statistically sound relationship to a determination of credit
worthiness.
D.
Responsibilities of creditor.
(1)
If so requested by an applicant for credit, a creditor
shall furnish such applicant with a statement of the specific reasons
for rejection of the applicant's application for credit.
(2)
If so requested in writing by an individual who is
or was married, a creditor or credit reporting bureau shall maintain
in its records a separate credit history for any such individual.
Such separate history shall include all obligations as to which such
bureau has notice with respect to which any such person is or was
individually or jointly liable.
E.
No provision of this section providing spouses the
right to separately apply for credit, borrow money, or have separate
credit histories maintained shall limit or foreclose the right of
creditors, under any other provision of law, to hold one spouse legally
liable for debts incurred by the other.
F.
Any person claiming to be aggrieved by an unlawful
discriminatory practice engaged in by a regulated creditor, in lieu
of the procedure set forth in § 297 of the New York Executive
Law, may file a verified complaint with the Superintendent of the
New York State Banking Department provided, however, that the filing
of a complaint with either the Superintendent or the New York State
Division of Human Rights shall bar subsequent recourse to any local
commission on human rights, with respect to the grievance complained
of.
G.
The provisions of this section, as they relate to
age, shall not apply to persons under the age of eighteen years.
A.
Trading. It shall be an unlawful discriminatory practice:
(1)
For any person to discriminate against, boycott or
blacklist, or to refuse to buy from, sell to or trade with, any person,
because of the actual or perceived age; creed; color; disability;
domestic violence victim status; ethnicity; familial status; gender;
gender identity or expression; height; immigration or citizenship
status; marital status; military status; national origin; predisposing
genetic characteristics; race; religion; sex; sexual orientation;
socioeconomic status; or weight of such person, or of such person's
partners, members, stockholders, directors, officers, managers, superintendents,
agents, employees, business associates, suppliers or customers; or
[Amended 1-4-2017 by Ord.
No. 2017-02]
B.
It shall be an unlawful discriminatory practice for
any person engaged in any activity covered by this section to discriminate
against a blind person, a hearing impaired person who has a hearing
impairment manifested by a speech discrimination score of 40% percent
or less in the better ear with appropriate correction as certified
by a licensed audiologist or otolaryngologist as defined in § 789
of the General Business Law or a physician who has examined such person
pursuant to the provisions of Article 37-A of such law or a person
with a disability on the basis of his or her use of a guide dog, hearing
dog, service dog or other animal used for that purpose.
C.
Convictions. It shall be an unlawful discriminatory
practice for any person, agency, bureau, corporation or association
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 correction law.
D.
Inquiries into previous arrests or criminal proceedings
terminated in favor of accused. It shall be an unlawful discriminatory
practice, unless specifically required or permitted by statute, for
any person, agency, bureau, corporation or association 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, in connection with the licensing, employment
or providing of credit or insurance to such individual; provided,
however, that the provisions hereof 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 Subsections 33 and 34 of § 1.20 of the Criminal
Procedure Law.
E.
Disability-related modifications to rental housing.
It shall be an unlawful discriminatory practice for the owner, lessee,
sublessee, assignee, or managing agent of, or other person having
the right of ownership of or possession of or the right to rent or
lease housing accommodations:
(1)
To refuse to permit, at the expense of a person with
a disability, reasonable modifications of existing premises occupied
or to be occupied by the said person, if the modifications may be
necessary to afford the said person 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's agreeing to restore the interior
of the premises to the condition that existed before the modification,
reasonable wear and tear excepted.
(2)
To refuse to make reasonable accommodations in rules,
policies, practices, or services, when such accommodations may be
necessary to afford said person with a disability equal opportunity
to use and enjoy a dwelling.
(3)
In connection with the design and construction of
covered multifamily dwellings for first occupancy after March 13,
1991, to fail to design and construct dwellings in accordance with
the accessibility requirements for multifamily dwellings found in
the New York State Fire Prevention and Building Code to provide that:
(a)
The public use and common use portions of the
dwellings are readily accessible to and usable by persons with disabilities;
(b)
All the doors are designed in accordance with
the New York State Fire Prevention and Building Code to allow passage
into and within all premises and are sufficiently wide to allow passage
by persons in wheelchairs; and
(c)
All premises within covered multifamily dwelling
units contain an accessible route into and through the dwelling; light
switches, electrical outlets, thermostats, and other environmental
controls are in accessible locations; there are reinforcements in
the bathroom walls to allow later installation of grab bars; and there
are usable kitchens and bathrooms such that an individual in a wheelchair
can maneuver about the space, in conformity with the New York State
Uniform Fire Prevention and Building Code.
F.
Genetic testing.
(1)
Except as provided in Subsection F(2) of this section, it shall be an unlawful discriminatory practice of any employer, labor organization, employment agency, licensing agency, or its employees, agents, or members:
(a)
To directly or indirectly solicit, require,
or administer a genetic test to a person as a condition of employment,
preemployment application, labor organization membership, or licensure;
or
(b)
To buy or otherwise acquire the results or interpretation
of an individual's genetic test results or to make an agreement with
an individual to take a genetic test or provide genetic test results.
(2)
An employer may require a specified genetic test as
a condition of employment where such a test is shown to be directly
related to the occupational environment, such that the employee or
applicant with a particular genetic anomaly might be at an increased
risk of disease as a result of working in said environment.
(3)
Nothing in this section shall prohibit the genetic
testing of an employee who requests a genetic test and who provides
written and informed consent to taking a genetic test for any of the
following purposes:
(a)
Pursuant to a workers' compensation claim;
(b)
Pursuant to civil litigation; or
(c)
To determine the employee's susceptibility to
potentially carcinogenic, toxic, or otherwise hazardous chemicals
or substances found in the workplace environment only if the employer
does not terminate the employee or take any other action that adversely
affects any term, condition or privilege of employment pursuant to
the genetic test results.
(4)
If an employee consents to genetic testing for any
of the aforementioned allowable reasons, he or she must be given and
sign an authorization of consent form which explicitly states the
specific purpose, uses and limitations of the genetic tests and the
specific traits or characteristics to be tested.
G.
Nothing in this article shall prohibit the offer and acceptance of a discount for housing accommodations to a person with a disability, as defined in § 215-2 of this article.
H.
Nothing in this section shall prohibit the offer and
acceptance of a discount to a person sixty-five years of age or older
for housing accommodations.
Nothing contained in this section 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 employment or sales or rental
of housing accommodations or admission to or giving preference to
persons of the same religion or denomination or from taking such action
as is calculated by such organization to promote the religious principles
for which it is established or maintained. Provided however, that
this exception shall not apply to 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 if the same receives
any form of financial assistance from the City of Ithaca.
Notwithstanding the provisions of this article,
it shall not be an unlawful discriminatory practice for an employer,
employment agency, labor organization or joint labor-management committee
to carry out a plan, approved by the New York State Division of Human
Rights, to increase the employment of members of a minority group
(as may be defined pursuant to the regulations of the Division) which
has a state-wide unemployment rate that is disproportionately high
in comparison with the state-wide unemployment rate of the general
population. Any plan approved under this section shall be in writing,
and the Division's approval thereof shall be for a limited period
and may be rescinded at any time by the Division.
A.
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, or to attempt to do so.
B.
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 person because he or she has
opposed any practices forbidden under this article or because he or
she has filed a complaint, testified or assisted in any proceeding
under this article.
[Amended 9-3-2003 by Ord. No. 2003-16[1] ]
A.
Any individual or group aggrieved and alleging unlawful
discrimination may, in addition to the remedies provided by this article,
have a cause of action against the violator for money damages and
any other remedy available at law.
B.
Any individual or group aggrieved and alleging unlawful
discrimination may also lodge a complaint with the Tompkins County
Human Rights Commission, the New York State Division of Human Rights,
the Equal Employment Opportunity Commission, and the United States
Department of Housing and Urban Development. The Tompkins County Human
Rights Commission will investigate any alleged violation of the provisions
of the New York State Human Rights Law.
Any individual who violates any of the provisions
of this article shall, upon conviction, be punished by a fine not
to exceed $500 or imprisonment for not more than 15 days, or both
such fine and imprisonment.
