Section 8-107. Unlawful discriminatory practices

1. Employment. It shall be
  an unlawful discriminatory practice:
    (a) For an employer or an employee or agent thereof,  because  of  the
  actual  or  perceived  age, race, creed, color, national origin, gender,
  disability, marital status, partnership status,  sexual  orientation  or
  alienage  or  citizenship  status  of  any  person, to refuse to hire or
  employ or to bar or to discharge  from  employment  such  person  or  to
  discriminate against such person in compensation or in terms, conditions
  or privileges of employment.
    (b)  For  an  employment  agency  or  an  employee or agent thereof to
  discriminate against any person  because  of  such  person's  actual  or
  perceived  age, race, creed, color, national origin, gender, disability,
  marital status, partnership status, sexual orientation  or  alienage  or
  citizenship  status  in  receiving,  classifying, disposing or otherwise
  acting upon applications for its services or in referring  an  applicant
  or applicants for its services to an employer or employers.
    (c)  For a labor organization or an employee or agent thereof, because
  of the actual or perceived age, race,  creed,  color,  national  origin,
  gender,   disability,   marital   status,   partnership  status,  sexual
  orientation or alienage or citizenship status of any person, to  exclude
  or  to  expel  from its membership such person or to discriminate in any
  way against any of its members or against any  employer  or  any  person
  employed by an employer.
    (d)  For  any  employer, labor organization or employment agency or an
  employee or agent thereof to declare, print or circulate or cause to  be
  declared,   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 age, race, creed,  color,  national  origin,  gender,  disability,
  marital  status,  partnership  status, sexual orientation or alienage or
  citizenship  status,  or  any  intent  to  make  any  such   limitation,
  specification or discrimination.
    (e)  The  provisions  of  this subdivision and subdivision two of this
  section: (i) as they apply to  employee  benefit  plans,  shall  not  be
  construed  to  preclude an employer from observing the provisions of any
  plan covered by the federal employment retirement income security act of
  nineteen hundred seventy-four that  is  in  compliance  with  applicable
  federal  discrimination  laws where the application of the provisions of
  such subdivisions to such plan would be  preempted  by  such  act;  (ii)
  shall  not  preclude  the varying of insurance coverages according to an
  employee's age; (iii) shall not be construed to  affect  any  retirement
  policy  or system that is permitted pursuant to paragraph (e) and (f) of
  subdivision three-a of section two hundred ninety-six of  the  executive
  law;  (iv)  shall  not  be  construed to affect the retirement policy or
  system of an employer where such policy or system is not a subterfuge to
  evade the purposes of this chapter.
    (f) The provisions of this subdivision shall not govern the employment
  by an employer of his or  her  parents,  spouse,  domestic  partner,  or
  children;  provided,  however, that such family members shall be counted
  as persons employed by an employer for the purposes of subdivision  five
  of section 8-102 of this chapter.
    2.   Apprentice   training   programs.   It   shall   be  an  unlawful
  discriminatory practice for an employer, labor organization,  employment
  agency  or  any  joint labor-management committee controlling apprentice
  training programs or an employee or agent thereof:

    (a) 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.
    (b)  To  deny  to  or  withhold  from any person because of his or her
  actual or perceived race, creed, color, national  origin,  gender,  age,
  disability,  marital  status,  partnership status, sexual orientation or
  alienage  or  citizenship  status  the  right  to  be  admitted  to   or
  participate  in  a  guidance  program,  an  apprentice training program,
  on-the-job  training  program,  or  other   occupational   training   or
  retraining program.
    (c)  To  discriminate against any person in his or her pursuit of such
  program  or  to  discriminate  against  such  a  person  in  the  terms,
  conditions  or privileges of such program because of actual or perceived
  race, creed, color, national origin, gender,  age,  disability,  marital
  status,   partnership   status,   sexual   orientation  or  alienage  or
  citizenship status.
    (d) To declare, print or circulate or cause to be declared, printed or
  circulated any statement, advertisement or publication, or  to  use  any
  form  of  application  for  such  program  or  to  make  any  inquiry in
  connection with such program which expresses,  directly  or  indirectly,
  any  limitation,  specification  or  discrimination  as  to race, creed,
  color,  national  origin,  gender,  age,  disability,  marital   status,
  partnership  status,  sexual  orientation  or  alienage  or  citizenship
  status, or any intent to make  any  such  limitation,  specification  or
  discrimination.
    3.  Employment;  religious  observance.  (a)  It  shall be an unlawful
  discriminatory practice for an employer or an employee or agent  thereof
  to  impose  upon  a  person  as  a  condition  of obtaining or retaining
  employment any terms or conditions, compliance with which would  require
  such  person  to  violate,  or forego a practice of, his or her creed or
  religion, including but not limited to the observance of any  particular
  day  or  days  or  any  portion  thereof as a sabbath or holy day or the
  observance of any religious custom or usage, and the employer shall make
  reasonable accommodation to the religious needs of such person.  Without
  in any way limiting the foregoing, 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 such  person's  religion,  he  or  she
  observes  as  a  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 judgment of the employer,
  be made up by an equivalent  amount  of  time  at  some  other  mutually
  convenient time.
    (b)  "Reasonable  accommodation",  as  used in this subdivision, shall
  mean such accommodation  to  an  employee's  or  prospective  employee's
  religious  observance  or  practice as shall not cause undue hardship in
  the conduct of the employer's business.  The  employer  shall  have  the
  burden of proof to show such hardship.
    4.  Public  accommodations.  a. It shall be an unlawful discriminatory
  practice for any person, being the owner, lessee,  proprietor,  manager,
  superintendent,  agent  or  employee  of any place or provider of public
  accommodation, because of the actual or perceived  race,  creed,  color,
  national  origin,  age,  gender, disability, marital status, partnership
  status, sexual orientation or alienage  or  citizenship  status  of  any
  person, directly or indirectly, to refuse, withhold from or deny to such
  person  any  of the accommodations, advantages, facilities or privileges
  thereof, or, directly or indirectly, to make any  declaration,  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
  or provider shall be refused, withheld from or denied to any  person  on
  account of race, creed, color, national origin, age, gender, disability,
  marital  status,  partnership  status, sexual orientation or alienage or
  citizenship status or  that  the  patronage  or  custom  of  any  person
  belonging  to,  purporting  to be, or perceived to be, of any particular
  race, creed, color, national origin, age,  gender,  disability,  marital
  status,   partnership   status,   sexual   orientation  or  alienage  or
  citizenship  status  is  unwelcome,  objectionable  or  not  acceptable,
  desired or solicited.
    b.  Notwithstanding  the foregoing, the provisions of this subdivision
  shall not apply, with respect to age or gender, to places  or  providers
  of  public  accommodation where the commission grants an exemption based
  on bona fide considerations of public policy.
    c. The provisions of this subdivision relating  to  discrimination  on
  the  basis  of  gender  shall  not  prohibit any educational institution
  subject to this subdivision from making gender distinctions which  would
  be  permitted  (i)  for  educational  institutions  which are subject to
  section thirty-two hundred one-a of the education law or  any  rules  or
  regulations  promulgated by the state commissioner of education relating
  to gender or (ii)  under  sections  86.32,  86.33  and  86.34  of  title
  forty-five   of   the   code  of  federal  regulations  for  educational
  institutions covered thereunder.
    d. Nothing in this subdivision  shall  be  construed  to  preclude  an
  educational  institution  --  other than a publicly-operated educational
  institution -- which establishes or  maintains  a  policy  of  educating
  persons  of  one gender exclusively from limiting admissions to students
  of that gender.
    e. The provisions of this subdivision  relating  to  disparate  impact
  shall  not  apply to the use of standardized tests as defined by section
  three hundred forty of the education law by an  educational  institution
  subject  to  this  subdivision  provided  that  such test is used in the
  manner and for the purpose prescribed by the test agency which  designed
  the test.
    f.  The  provisions  of  this  subdivision  as they relate to unlawful
  discriminatory practices by educational institutions shall not apply  to
  matters that are strictly educational or pedagogic in nature.
    5.   Housing   accommodations,  land,  commercial  space  and  lending
  practices.    (a)  Housing  accommodations.  It  shall  be  an  unlawful
  discriminatory  practice  for  the  owner,  lessor,  lessee,  sublessee,
  assignee, or managing agent of, or other  person  having  the  right  to
  sell,  rent  or  lease or approve the sale, rental or lease of a housing
  accommodation, constructed or to be constructed, or an interest therein,
  or any agent or employee thereof:
    (1) To refuse to sell, rent, lease, approve the sale, rental or  lease
  or  otherwise  deny  to  or withhold from any person or group of persons
  such a housing accommodation or  an  interest  therein  because  of  the
  actual  or  perceived  race, creed, color, national origin, gender, age,
  disability, sexual orientation, marital status, partnership  status,  or
  alienage  or citizenship status of such person or persons, or because of
  any lawful source of income  of  such  person  or  persons,  or  because
  children are, may be or would be residing with such person or persons.
    (2) To discriminate against any person because of such person's actual
  or   perceived   race,  creed,  color,  national  origin,  gender,  age,
  disability, sexual orientation, marital status, partnership  status,  or
  alienage  or  citizenship  status,  or  because  of any lawful source of
  income of such person, or because children  are,  may  be  or  would  be

  residing with such person, in the terms, conditions or privileges of the
  sale,  rental  or lease of any such housing accommodation or an interest
  therein or in the furnishing of facilities  or  services  in  connection
  therewith.
    (3) To declare, print or circulate or cause to be declared, printed or
  circulated  any  statement,  advertisement or publication, or to use any
  form of application for the purchase, rental or lease of such a  housing
  accommodation or an interest therein or to make any record or inquiry in
  conjunction  with  the  prospective  purchase, rental or lease of such a
  housing accommodation or an interest therein which  expresses,  directly
  or  indirectly,  any  limitation,  specification or discrimination as to
  race, creed, color, national origin,  gender,  age,  disability,  sexual
  orientation,   marital   status,  partnership  status,  or  alienage  or
  citizenship status, or any lawful source of income, or whether  children
  are,  may  be, or would be residing with a person, or any intent to make
  such limitation, specification or discrimination.
    (4) The provisions of this paragraph (a) shall not apply:
    (1)  to  the  rental  of  a  housing  accommodation,  other   than   a
  publicly-assisted  housing  accommodation,  in a building which contains
  housing  accommodations  for  not  more   than   two   families   living
  independently  of  each  other,  if  the owner or members of the owner's
  family reside  in  one  of  such  housing  accommodations,  and  if  the
  available  housing  accommodation  has  not  been  publicly  advertised,
  listed, or otherwise offered to the general public; or
    (2) to the rental of a room or rooms in a housing accommodation, other
  than a publicly-assisted housing accommodation, if such rental is by the
  occupant of the housing accommodation or by the  owner  of  the  housing
  accommodation  and  the owner or members of the owner's family reside in
  such housing accommodation.
    (b) Land and commercial space. It shall be an unlawful  discriminatory
  practice for the owner, lessor, 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, or approve the sale, rental or  lease  of
  land  or  commercial  space  or  an  interest  therein, or any agency or
  employee thereof:
    (1) To refuse to sell, rent, lease, approve the sale, rental or  lease
  or  otherwise  deny  or  to withhold from any person or group of persons
  land or commercial space or an interest therein because of the actual or
  perceived race, creed, color, national origin, gender, age,  disability,
  sexual  orientation,  marital status, partnership status, or alienage or
  citizenship status of such person or persons, or because  children  are,
  may be or would be residing with such person or persons.
    (2)  To discriminate against any person because of actual or perceived
  race, creed, color, national origin,  gender,  age,  disability,  sexual
  orientation,   marital   status,  partnership  status,  or  alienage  or
  citizenship status, or because children are, may be or would be residing
  with such person, in the terms, conditions or privileges  of  the  sale,
  rental  or  lease  of  any  such land or commercial space or an interest
  therein or in the furnishing of facilities  or  services  in  connection
  therewith.
    (3) To declare, print or circulate or cause to be declared, 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 an interest therein or to make any record or inquiry
  in  connection  with  the  prospective purchase, rental or lease of such
  land or  commercial  space  or  an  interest  therein  which  expresses,
  directly  or indirectly, any limitation, specification or discrimination
  as to race, creed, color,  national  origin,  gender,  age,  disability,

  sexual  orientation,  marital status, partnership status, or alienage or
  citizenship status, or whether children are, may be or would be residing
  with  such  person,  or  any  intent  to  make  any   such   limitation,
  specification or discrimination.
    (c)  Real  estate  brokers.  It  shall  be  an unlawful discriminatory
  practice for any real estate broker, real estate salesperson or employee
  or agent thereof:
    (1) To refuse to sell, rent or lease any housing  accommodation,  land
  or  commercial  space  or  an interest therein 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 or an interest therein
  to any person or group of persons because of  the  actual  or  perceived
  race,  creed,  color,  national  origin, gender, age, disability, sexual
  orientation,  marital  status,  partnership  status,  or   alienage   or
  citizenship  status  of such person or persons, or because of any lawful
  source of income of such person or persons, or because children are, may
  be or would be residing with such person or  persons,  or  to  represent
  that  any housing accommodation, land or commercial space or an interest
  therein is not available for inspection, sale, rental or lease  when  in
  fact  it  is  so available, or otherwise to deny or withhold any housing
  accommodation, land or commercial space or an interest  therein  or  any
  facilities  of any housing accommodation, land or commercial space or an
  interest therein from any person or group  of  persons  because  of  the
  actual  or  perceived  race, creed, color, national origin, gender, age,
  disability, sexual orientation, marital status, partnership  status,  or
  alienage  or citizenship status of such person or persons, or because of
  any lawful source of income  of  such  person  or  persons,  or  because
  children are, may be or would be residing with such person or persons.
    (2) To declare, print or circulate or cause to be declared, 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 an interest therein or to
  make any record or inquiry in connection with the prospective  purchase,
  rental  or  lease of any housing accommodation, land or commercial space
  or an interest therein which  expresses,  directly  or  indirectly,  any
  limitation,  specification  or  discrimination as to race, creed, color,
  national origin, gender, age, disability,  sexual  orientation,  marital
  status,  partnership  status,  or alienage or citizenship status, or any
  lawful source of income, or to whether children are, may be or would  be
  residing  with  a  person,  or  any  intent  to  make  such  limitation,
  specification or discrimination.
    (3) To induce or attempt to induce any person  to  sell  or  rent  any
  housing  accommodation,  land or commercial space or an interest therein
  by  representations,  explicit  or  implicit,  regarding  the  entry  or
  prospective  entry  into the neighborhood or area of a person or persons
  of any race, creed, color, gender, age, disability, sexual  orientation,
  marital   status,  partnership  status,  national  origin,  alienage  or
  citizenship status, or a person or persons with  any  lawful  source  of
  income,  or  a person or persons with whom children are, may be or would
  be residing.
    (d) Lending practices. It shall be an unlawful discriminatory practice
  for any person, bank,  trust  company,  private  banker,  savings  bank,
  industrial  bank, savings and loan association, credit union, investment
  company,  mortgage  company,  insurance  company,  or  other   financial
  institution  or  lender,  doing business in the city and if incorporated
  regardless of whether incorporated under the laws of the  state  of  New
  York, the United States or any other jurisdiction, or any officer, agent
  or  employee thereof to whom application is made for a loan, mortgage or

  other form  of  financial  assistance  for  the  purchase,  acquisition,
  construction,  rehabilitation,  repair  or  maintenance  of  any housing
  accommodation, land or commercial space or an interest therein:
    (1)  To  discriminate  against such applicant or applicants because of
  the actual or perceived race, creed,  color,  national  origin,  gender,
  disability, sexual orientation, age, marital status, partnership status,
  or  alienage or citizenship status of such applicant or applicants or of
  any member, stockholder, director, officer or employee of such applicant
  or applicants, or of the occupants or tenants or  prospective  occupants
  or  tenants  of such housing accommodation, land or commercial space, or
  because children are, may be or would be residing with such applicant or
  other person, in the granting, withholding, extending or renewing, or in
  the  fixing  of  rates,  terms  or  conditions  of  any  such  financial
  assistance  or  in  the  appraisal of any housing accommodation, land or
  commercial space or an interest therein.
    (2) To use any form of application for a loan, mortgage, or other form
  of financial assistance, or to make any record or inquiry in  connection
  with  applications  for such financial assistance, or in connection with
  the appraisal of any housing accommodation, land or commercial space  or
  an  interest  therein,  which  expresses,  directly  or  indirectly, any
  limitation, specification or discrimination as to  race,  creed,  color,
  national  origin,  gender,  disability, sexual orientation, age, marital
  status, partnership  status,  or  alienage  or  citizenship  status,  or
  whether children are, may be, or would be residing with a person.
    (e)  Real  estate  services.  It  shall  be an unlawful discriminatory
  practice to deny a person access to, or membership in  or  participation
  in,  a  multiple  listing service, real estate brokers' organization, or
  other service because of the actual or  perceived  race,  creed,  color,
  national  origin,  gender,  disability, sexual orientation, age, marital
  status, partnership status, or alienage or citizenship  status  of  such
  person  or  because  children are, may be or would be residing with such
  person.
    (f)  Real  estate  related  transactions.  It  shall  be  an  unlawful
  discriminatory  practice  for  any  person  whose  business includes the
  appraisal  of  housing  accommodations,  land  or  commercial  space  or
  interest  therein  or  an  employee  or agent thereof to discriminate in
  making available or in the terms or conditions of such appraisal on  the
  basis  of  the  actual or perceived race, creed, color, national origin,
  gender, disability, sexual orientation, age, marital status, partnership
  status, or alienage or citizenship  status  of  any  person  or  because
  children are, may be or would be residing with such person.
    (g) Applicability; persons under eighteen years of age. The provisions
  of this subdivision, as they relate to unlawful discriminatory practices
  in  housing  accommodations,  land  and  commercial space or an interest
  therein and lending practices on the basis of age, shall  not  apply  to
  unemancipated persons under the age of eighteen years.
    (h)  Applicability;  discrimination against persons with children. The
  provisions of this subdivision with respect  to  discrimination  against
  persons  with  whom  children are, may be or would be residing shall not
  apply to housing for older persons as  defined  in  paragraphs  two  and
  three  of  subdivision  (b) of section thirty-six hundred seven of title
  forty-two of the United States  code  and  any  regulations  promulgated
  thereunder.
    (i)  Applicability;  senior  citizen  housing.  The provisions of this
  subdivision with respect to discrimination on the basis of age shall not
  apply to the restriction of the sale, rental or  lease  of  any  housing
  accommodation,   land   or  commercial  space  or  an  interest  therein
  exclusively to persons fifty-five years of age or older. This  paragraph

  shall  not  be  construed  to permit discrimination against such persons
  fifty-five years of age or older on the basis of whether  children  are,
  may  be or would be residing in such housing accommodation or land or an
  interest  therein  unless  such  discrimination  is  otherwise permitted
  pursuant to paragraph (h) of this subdivision.
    (j)  Applicability;  dormitory  residence  operated   by   educational
  institution.   The   provisions   of   this   subdivision   relating  to
  discrimination on the basis of gender in  housing  accommodations  shall
  not prohibit any educational institution from making gender distinctions
  in  dormitory  residences  which would be permitted under sections 86.32
  and 86.33 of title forty-five of the code  of  federal  regulations  for
  educational institutions covered thereunder.
    (k)   Applicability;   dormitory-type   housing   accommodations.  The
  provisions of this subdivision which prohibit distinctions on the  basis
  of  gender  and whether children are, may be or would be residing with a
  person  shall  not  apply  to  dormitory-type   housing   accommodations
  including,  but  not  limited  to,  shelters for the homeless where such
  distinctions are intended to  recognize  generally  accepted  values  of
  personal modesty and privacy or to protect the health, safety or welfare
  of families with children.
    (l)   Exemption   for   special  needs  of  particular  age  group  in
  publicly-assisted housing accommodations. Nothing  in  this  subdivision
  shall   restrict   the   consideration   of   age   in   the  rental  of
  publicly-assisted housing accommodations if the state division of  human
  rights grants an exemption pursuant to section two hundred ninety-six of
  the executive law 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; provided however,
  that this paragraph shall not be construed to permit  discrimination  on
  the  basis  of whether children are, may be or would be residing in such
  housing accommodations unless such discrimination is otherwise permitted
  pursuant to paragraph (h) of this section.
    (m)   Applicability;   use   of   criteria   or   qualifications    in
  publicly-assisted   housing   accommodations.  The  provisions  of  this
  subdivision shall not be construed to prohibit the use  of  criteria  or
  qualifications of eligibility for the sale, rental, leasing or occupancy
  of  publicly-assisted  housing  accommodations  where  such  criteria or
  qualifications are required to comply with federal or state law, or  are
  necessary  to  obtain  the benefits of a federal or state program, or to
  prohibit  the   use   of   statements,   advertisements,   publications,
  applications or inquiries to the extent that they state such criteria or
  qualifications  or  request information necessary to determine or verify
  the eligibility of an applicant, tenant, purchaser, lessee or occupant.
    (n) Discrimination on the basis of occupation  prohibited  in  housing
  accommodations.  Where a housing accommodation or an interest therein is
  sought or occupied exclusively for residential purposes, the  provisions
  of this subdivision shall be construed to prohibit discrimination in the
  sale,  rental,  or  leasing  of  such  housing accommodation or interest
  therein and in the terms, conditions and privileges of the sale,  rental
  or  leasing of such housing accommodation or interest therein and in the
  furnishing of facilities or services in connection therewith, on account
  of a person's occupation.
    (o) Applicability; lawful source of income.  The  provisions  of  this
  subdivision,  as they relate to unlawful discriminatory practices on the
  basis  of  lawful  source  of  income,  shall  not  apply   to   housing
  accommodations  that  contain  a  total  of five or fewer housing units,
  provided, however:

    (i) the provisions of this subdivision shall apply to tenants  subject
  to rent control laws who reside in housing accommodations that contain a
  total  of five or fewer units at the time of the enactment of this local
  law; and provided, however
    (ii)  the  provisions  of  this subdivision shall apply to all housing
  accommodations, regardless of the number of units contained in each,  of
  any person who has the right to sell, rent or lease or approve the sale,
  rental  or  lease  of at least one housing accommodation within New York
  City that contains six or more  housing  units,  constructed  or  to  be
  constructed, or an interest therein.
    6.  Aiding  and  abetting.  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 chapter, or to attempt to do so.
    7. Retaliation. It shall be an unlawful  discriminatory  practice  for
  any  person  engaged  in  any  activity to which this chapter applies to
  retaliate or discriminate in any manner against any person because  such
  person  has  (i) opposed any practice forbidden under this chapter, (ii)
  filed a complaint, testified or assisted in any  proceeding  under  this
  chapter,  (iii)  commenced  a civil action alleging the commission of an
  act which would  be  an  unlawful  discriminatory  practice  under  this
  chapter,  (iv)  assisted the commission or the corporation counsel in an
  investigation commenced pursuant to this  title,  or  (v)  provided  any
  information  to  the  commission pursuant to the terms of a conciliation
  agreement  made  pursuant  to  section  8-115  of  this   chapter.   The
  retaliation  or discrimination complained of under this subdivision need
  not result in an ultimate action with respect to employment, housing  or
  a  public  accommodation  or in a materially adverse change in the terms
  and conditions  of  employment,  housing,  or  a  public  accommodation,
  provided,  however,  that  the retaliatory or discriminatory act or acts
  complained of must be reasonably likely to deter a person from  engaging
  in protected activity.
    8.  Violation  of  conciliation  agreement.  It  shall  be an unlawful
  discriminatory practice for any party to a conciliation  agreement  made
  pursuant  to  section 8-115 of this chapter to violate the terms of such
  agreement.
    9. Licenses and  permits.  It  shall  be  an  unlawful  discriminatory
  practice:
    (a)  Except  as  otherwise  provided  in  paragraph (c), for an agency
  authorized to issue a license  or  permit  or  an  employee  thereof  to
  discriminate against an applicant for a license or permit because of the
  actual  or  perceived  race, creed, color, national origin, age, gender,
  marital status, partnership status, disability,  sexual  orientation  or
  alienage or citizenship status of such applicant.
    (b)  Except  as  otherwise  provided  in  paragraph (c), for an agency
  authorized to issue a license  or  permit  or  an  employee  thereof  to
  declare,  print  or  circulate  or  cause  to  be  declared,  printed or
  circulated any statement, advertisement or publication, or  to  use  any
  form  of  application  for a license or permit or to make any inquiry in
  connection with any  such  application,  which  expresses,  directly  or
  indirectly,  any limitation, specification or discrimination as to race,
  creed, color, national origin, age, gender, marital status,  partnership
  status,  disability,  sexual  orientation  or  alienage  or  citizenship
  status, or any intent to make  any  such  limitation,  specification  or
  discrimination.
    (c) Nothing contained in this subdivision shall be construed to bar an
  agency  authorized  to  issue  a  license  or  permit  from using age or
  disability as a criterion for determining eligibility for a  license  or

  permit  when  specifically  required  to do so by any other provision of
  law.
    10.  Criminal  conviction.  (a)  It  shall  be unlawful discriminatory
  practice for any person to deny any license or permit or  employment  to
  any  person 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 on his or her having been convicted of one or
  more criminal  offenses,  when  such  denial  is  in  violation  of  the
  provisions of article twenty-three-a of the correction law.
    (b)  Pursuant  to  section  seven hundred fifty-five of the correction
  law, the provisions of this subdivision  shall  be  enforceable  against
  public   agencies   by   a   proceeding   brought  pursuant  to  article
  seventy-eight of the civil practice law and rules, and the provisions of
  this subdivision shall be enforceable against private employers  by  the
  commission  through  the  administrative  procedure provided for in this
  chapter or as provided in chapter five of this title.  For  purposes  of
  this  paragraph  only,  the terms "public agency" and "private employer"
  shall have the meaning given such terms in section seven  hundred  fifty
  of the correction law.
    11.  Arrest  record.  It shall be an unlawful discriminatory practice,
  unless specifically required or permitted by  any  other  law,  for  any
  person  to make any inquiry about, whether in any form of application or
  otherwise, or to act upon adversely to the person involved,  any  arrest
  or  criminal  accusation  of  such  person not then pending against that
  person which was followed by a termination of that  criminal  action  or
  proceeding  in  favor  of  such person, as defined in subdivision two of
  section 160.50 of the criminal procedure law,  in  connection  with  the
  licensing,  employment  or providing of credit to such person; provided,
  however, that the prohibition of such inquiries or adverse action  shall
  not apply to licensing activities in relation to the regulation of guns,
  firearms  and  other deadly weapons or in relation to an application for
  employment as a police officer or  peace  officer  as  those  terms  are
  defined  in subdivisions thirty-three and thirty-four of section 1.20 of
  the criminal procedure law.
    12. Religious principles. 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
  making  such  selection as is calculated by such organization to promote
  the religious principles for which it is established or maintained.
    13. Employer liability for discriminatory conduct by  employee,  agent
  or  independent  contractor.  a.  An  employer  shall  be  liable for an
  unlawful discriminatory practice based upon the conduct of  an  employee
  or  agent  which  is in violation of any provision of this section other
  than subdivisions one and two of this section.
    b. An employer shall be liable for an unlawful discriminatory practice
  based upon the conduct of an employee or agent which is in violation  of
  subdivision one or two of this section only where:
    (1)   the  employee  or  agent  exercised  managerial  or  supervisory
  responsibility; or
    (2) the employer knew of  the  employee's  or  agent's  discriminatory
  conduct,  and acquiesced in such conduct or failed to take immediate and
  appropriate corrective action; an  employer  shall  be  deemed  to  have
  knowledge  of an employee's or agent's discriminatory conduct where that

  conduct was known by another employee or agent who exercised  managerial
  or supervisory responsibility; or
    (3)  the  employer  should  have  known  of  the employee's or agent's
  discriminatory conduct and failed to exercise  reasonable  diligence  to
  prevent such discriminatory conduct.
    c. An employer shall be liable for an unlawful discriminatory practice
  committed  by a person employed as an independent contractor, other than
  an agent of such employer, to carry  out  work  in  furtherance  of  the
  employer's  business  enterprise  only where such discriminatory conduct
  was committed in the course of such  employment  and  the  employer  had
  actual knowledge of and acquiesced in such conduct.
    d.  Where  liability  of  an employer has been established pursuant to
  this section and is based solely on the conduct of an  employee,  agent,
  or  independent contractor, the employer shall be permitted to plead and
  prove that prior to the discriminatory conduct for which  it  was  found
  liable it had:
    (1)  Established  and  complied with policies, programs and procedures
  for the prevention and detection of unlawful discriminatory practices by
  employees, agents  and  persons  employed  as  independent  contractors,
  including but not limited to:
    (i) A meaningful and responsive procedure for investigating complaints
  of discriminatory practices by employees, agents and persons employed as
  independent  contractors and for taking appropriate action against those
  persons who are found to have engaged in such practices;
    (ii) A  firm  policy  against  such  practices  which  is  effectively
  communicated  to  employees,  agents and persons employed as independent
  contractors;
    (iii) A  program  to  educate  employees  and  agents  about  unlawful
  discriminatory practices under local, state and federal law; and
    (iv)  Procedures  for  the supervision of employees and agents and for
  the  oversight  of   persons   employed   as   independent   contractors
  specifically directed at the prevention and detection of such practices;
  and
    (2)   A   record   of  no,  or  relatively  few,  prior  incidents  of
  discriminatory conduct by such employee, agent or person employed as  an
  independent contractor or other employees, agents or persons employed as
  independent contractors.
    e.  The  demonstration  of  any  or all of the factors listed above in
  addition to any other relevant factors shall be considered in mitigation
  of the amount of  civil  penalties  to  be  imposed  by  the  commission
  pursuant to this chapter or in mitigation of civil penalties or punitive
  damages  which  may  be imposed pursuant to chapter four or five of this
  title and shall be  among  the  factors  considered  in  determining  an
  employer's  liability  under  subparagraph  three of paragraph b of this
  subdivision.
    f. The  commission  may  establish  by  rule  policies,  programs  and
  procedures  which may be implemented by employers for the prevention and
  detection of unlawful discriminatory practices by employees, agents  and
  persons  employed  as independent contractors. Notwithstanding any other
  provision of law to the contrary, an employer found to be liable for  an
  unlawful  discriminatory  practice  based  solely  on  the conduct of an
  employee, agent or person employed  as  an  independent  contractor  who
  pleads  and  proves that such policies, programs and procedures had been
  implemented and complied with at the time of the unlawful conduct  shall
  not  be  liable for any civil penalties which may be imposed pursuant to
  this chapter or any civil penalties or punitive  damages  which  may  be
  imposed pursuant to chapter four or five of this title for such unlawful
  discriminatory practices.

    14. Applicability; alienage or citizenship status. Notwithstanding any
  other   provision   of  this  section,  it  shall  not  be  an  unlawful
  discriminatory practice for any person to discriminate on the ground  of
  alienage  or citizenship status, or to make any inquiry as to a person's
  alienage or citizenship status, or to give preference to a person who is
  a  citizen  or  national  of the United States over an equally qualified
  person who is an alien, when such discrimination  is  required  or  when
  such  preference  is expressly permitted by any law or regulation of the
  United States, the state of New York or the city of New York,  and  when
  such  law  or regulation does not provide that state or local law may be
  more protective of aliens; provided, however, that this provision  shall
  not   prohibit   inquiries   or  determinations  based  on  alienage  or
  citizenship status  when  such  actions  are  necessary  to  obtain  the
  benefits  of  a  federal  program.  An applicant for a license or permit
  issued by the city of New York may be required to be authorized to  work
  in  the  United States whenever by law or regulation there is a limit on
  the number of such licenses or permits which may be issued.
    15. Applicability; persons with disabilities.
    (a) Requirement to make  reasonable  accommodation  to  the  needs  of
  persons  with  disabilities.  Except  as  provided in paragraph (b), any
  person prohibited by the provisions of this section from  discriminating
  on the basis of disability shall make reasonable accommodation to enable
  a  person with a disability to satisfy the essential requisites of a job
  or enjoy the right or rights in question provided that the disability is
  known or should have been known by the covered entity.
    (b) Affirmative defense in disability cases. In  any  case  where  the
  need  for  reasonable  accommodation  is placed in issue, it shall be an
  affirmative  defense  that  the  person   aggrieved   by   the   alleged
  discriminatory   practice  could  not,  with  reasonable  accommodation,
  satisfy the essential requisites of the job or enjoy the right or rights
  in question.
    (c) Use of drugs or alcohol. Nothing contained in this  chapter  shall
  be  construed  to  prohibit  a  covered  entity from (i) prohibiting the
  illegal use of drugs or the use of alcohol at the workplace or  on  duty
  impairment  from the illegal use of drugs or the use of alcohol, or (ii)
  conducting drug testing which is otherwise lawful.
    16. Applicability; sexual orientation.
    Nothing in this chapter shall be construed to:
    a. Restrict an employer's right to insist that an employee  meet  bona
  fide job-related qualifications of employment;
    b.  Authorize  or  require  employers  to establish affirmative action
  quotas based on sexual orientation or to make  inquiries  regarding  the
  sexual orientation of current or prospective employees;
    c.  Limit  or override the present exemptions in the human rights law,
  including those relating to employment  concerns  employing  fewer  than
  four  persons,  as  provided  in  subdivision  five  of  section  8-102;
  owner-occupied dwellings, as provided in paragraph  (a)  of  subdivision
  five of section 8-107; or 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,  as  provided  in  subdivision
  twelve of section 8-107 of this chapter;
    d. Make lawful any act that violates the penal law of the state of New
  York; or
    e. Endorse any particular behavior or way of life.
    17. Disparate impact.
    a.  An unlawful discriminatory practice based upon disparate impact is
  established when:

    (1) the commission or a person who may bring an action  under  chapter
  four  or  five of this title demonstrates that a policy or practice of a
  covered entity or a group of policies or practices of a  covered  entity
  results in a disparate impact to the detriment of any group protected by
  the provisions of this chapter; and
    (2)  the  covered  entity  fails  to plead and prove as an affirmative
  defense  that  each  such  policy  or  practice  bears   a   significant
  relationship  to  a significant business objective of the covered entity
  or does not contribute to the disparate impact; provided, however,  that
  if  the  commission  or such person who may bring an action demonstrates
  that a group of policies or practices results in a disparate impact, the
  commission or such person shall not be  required  to  demonstrate  which
  specific  policies  or  practices  within  the  group  results  in  such
  disparate impact; provided further, that a policy or practice  or  group
  of  policies  or  practices demonstrated to result in a disparate impact
  shall be unlawful where the commission or such person who may  bring  an
  action  produces  substantial  evidence  that  an  alternative policy or
  practice with less disparate impact is available to the  covered  entity
  and  the  covered  entity fails to prove that such alternative policy or
  practice would not  serve  the  covered  entity  as  well.  "Significant
  business  objective"  shall  include,  but not be limited to, successful
  performance of the job.
    b. The mere existence of a statistical  imbalance  between  a  covered
  entity's  challenged  demographic composition and the general population
  is not alone sufficient to establish a prima  facie  case  of  disparate
  impact  violation  unless  the  general  population  is  shown to be the
  relevant pool for comparison, the imbalance is shown to be statistically
  significant and there is an identifiable policy or practice or group  of
  policies or practices that allegedly causes the imbalance.
    c. Nothing contained in this subdivision shall be construed to mandate
  or  endorse the use of quotas; provided, however, that nothing contained
  in this subdivision shall  be  construed  to  limit  the  scope  of  the
  commission's  authority  pursuant  to  sections  8-115 and 8-120 of this
  chapter or to affect court-ordered  remedies  or  settlements  that  are
  otherwise in accordance with law.
    18.   Unlawful   boycott   or  blacklist.  It  shall  be  an  unlawful
  discriminatory practice (i) for  any  person  to  discriminate  against,
  boycott  or  blacklist  or to refuse to buy from, sell to or trade with,
  any person, because of such person's actual or  perceived  race,  creed,
  color,   national  origin,  gender,  disability,  age,  marital  status,
  partnership status, sexual orientation or alienage or citizenship status
  or  of  such  person's  partners,  members,   stockholders,   directors,
  officers,   managers,   superintendents,   agents,  employees,  business
  associates, suppliers or customers, or (ii) for any person willfully  to
  do  any  act or refrain from doing any act which enables any such person
  to take such action. This subdivision shall not apply to:
    (a) Boycotts connected with labor disputes;
    (b) Boycotts to protest unlawful discriminatory practices; or
    (c) Any form of expression that is protected by the First Amendment.
    19. Interference with  protected  rights.  It  shall  be  an  unlawful
  discriminatory  practice  for any person to coerce, intimidate, threaten
  or interfere  with,  or  attempt  to  coerce,  intimidate,  threaten  or
  interfere  with,  any  person  in  the  exercise  or enjoyment of, or on
  account of his or her having aided or encouraged any other person in the
  exercise or enjoyment of, any right granted  or  protected  pursuant  to
  this section.
    20.  Relationship  or  association. The provisions of this section set
  forth  as  unlawful  discriminatory  practices  shall  be  construed  to

  prohibit  such  discrimination against a person because of the actual or
  perceived race, creed, color, national origin, disability,  age,  sexual
  orientation or alienage or citizenship status of a person with whom such
  person has a known relationship or association.