S T A T E O F N E W Y O R K
________________________________________________________________________
8482
2015-2016 Regular Sessions
I N A S S E M B L Y
October 9, 2015
___________
Introduced by M. of A. ORTIZ, PERRY, LAVINE, GUNTHER, ROBINSON, JAFFEE,
TITONE, CLARK, SCHIMEL, ABBATE, GALEF, GOTTFRIED, COOK, HIKIND, CUSICK
-- read once and referred to the Committee on Veterans' Affairs
AN ACT to amend the executive law, in relation to eliminating unfair
labor or housing practices against persons with veteran status
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 292 of the executive law is amended by adding a new
2 subdivision 35 to read as follows:
3 35. THE TERM "VETERAN STATUS", WHEN USED IN THIS ARTICLE, MEANS A
4 PERSON, MALE OR FEMALE, RESIDENT OF THIS STATE, WHO SERVED IN THE ACTIVE
5 MILITARY, NAVAL, OR AIR SERVICE OF THE UNITED STATES DURING A PERIOD OF
6 WAR, OR WHO HAS RECEIVED A COMPENSATION RATING FROM THE UNITED STATES
7 DEPARTMENT OF VETERANS AFFAIRS OR FROM THE UNITED STATES DEPARTMENT OF
8 DEFENSE BECAUSE OF A SERVICE CONNECTED DISABILITY OR WHO WAS A RECIPIENT
9 OF THE ARMED FORCES EXPEDITIONARY MEDAL, NAVY EXPEDITIONARY MEDAL,
10 MARINE CORPS EXPEDITIONARY MEDAL, OR GLOBAL WAR ON TERRORISM EXPEDITION-
11 ARY MEDAL, AND WHO HAS BEEN RELEASED FROM SUCH SERVICE OTHERWISE THAN BY
12 DISHONORABLE DISCHARGE.
13 S 2. Subdivisions 8 and 9 of section 295 of the executive law, as
14 amended by chapter 106 of the laws of 2003, are amended to read as
15 follows:
16 8. To create such advisory councils, local, regional or state-wide, as
17 in its judgment will aid in effectuating the purposes of this article
18 and of section eleven of article one of the constitution of this state,
19 and the division may empower them to study the problems of discrimi-
20 nation in all or specific fields of human relationships or in specific
21 instances of discrimination because of age, race, creed, color, national
22 origin, sexual orientation, military status, VETERAN STATUS, sex, disa-
23 bility or marital status and make recommendations to the division for
24 the development of policies and procedures in general and in specific
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03651-01-5
A. 8482 2
1 instances. The advisory councils also shall disseminate information
2 about the division's activities to organizations and individuals in
3 their localities. Such advisory councils shall be composed of represen-
4 tative citizens, serving without pay, but with reimbursement for actual
5 and necessary traveling expenses; and the division may make provision
6 for technical and clerical assistance to such councils and for the
7 expenses of such assistance.
8 9. To develop human rights plans and policies for the state and assist
9 in their execution and to make investigations and studies appropriate to
10 effectuate this article and to issue such publications and such results
11 of investigations and research as in its judgement will tend to inform
12 persons of the rights assured and remedies provided under this article,
13 to promote good-will and minimize or eliminate discrimination because of
14 age, race, creed, color, national origin, sexual orientation, military
15 status, VETERAN STATUS, sex, disability or marital status.
16 S 3. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section 296
17 of the executive law, paragraph (a) as amended by chapter 80 of the laws
18 of 2009 and paragraphs (b), (c) and (d) as amended by chapter 75 of the
19 laws of 2005, are amended to read as follows:
20 (a) For an employer or licensing agency, because of an individual's
21 age, race, creed, color, national origin, sexual orientation, military
22 status, VETERAN STATUS, sex, disability, predisposing genetic character-
23 istics, marital status, or domestic violence victim status, to refuse to
24 hire or employ or to bar or to discharge from employment such individual
25 or to discriminate against such individual in compensation or in terms,
26 conditions or privileges of employment.
27 (b) For an employment agency to discriminate against any individual
28 because of age, race, creed, color, national origin, sexual orientation,
29 military status, VETERAN STATUS, sex, disability, predisposing genetic
30 characteristics, or marital status, in receiving, classifying, disposing
31 or otherwise acting upon applications for its services or in referring
32 an applicant or applicants to an employer or employers.
33 (c) For a labor organization, because of the age, race, creed, color,
34 national origin, sexual orientation, military status, VETERAN STATUS,
35 sex, disability, predisposing genetic characteristics, or marital status
36 of any individual, to exclude or to expel from its membership such indi-
37 vidual or to discriminate in any way against any of its members or
38 against any employer or any individual employed by an employer.
39 (d) For any employer or employment agency to print or circulate or
40 cause to be printed or circulated any statement, advertisement or publi-
41 cation, or to use any form of application for employment or to make any
42 inquiry in connection with prospective employment, which expresses
43 directly or indirectly, any limitation, specification or discrimination
44 as to age, race, creed, color, national origin, sexual orientation,
45 military status, VETERAN STATUS, sex, disability, predisposing genetic
46 characteristics, or marital status, or any intent to make any such limi-
47 tation, specification or discrimination, unless based upon a bona fide
48 occupational qualification; provided, however, that neither this para-
49 graph nor any provision of this chapter or other law shall be construed
50 to prohibit the department of civil service or the department of person-
51 nel of any city containing more than one county from requesting informa-
52 tion from applicants for civil service examinations concerning any of
53 the aforementioned characteristics, other than sexual orientation, for
54 the purpose of conducting studies to identify and resolve possible prob-
55 lems in recruitment and testing of members of minority groups to insure
56 the fairest possible and equal opportunities for employment in the civil
A. 8482 3
1 service for all persons, regardless of age, race, creed, color, national
2 origin, sexual orientation, military status, VETERAN STATUS, sex, disa-
3 bility, predisposing genetic characteristics, or marital status.
4 S 4. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of
5 the executive law, as amended by chapter 106 of the laws of 2003, are
6 amended to read as follows:
7 (b) To deny to or withhold from any person because of race, creed,
8 color, national origin, sexual orientation, military status, VETERAN
9 STATUS, sex, age, disability, or marital status, the right to be admit-
10 ted to or participate in a guidance program, an apprenticeship training
11 program, on-the-job training program, executive training program, or
12 other occupational training or retraining program;
13 (c) To discriminate against any person in his or her pursuit of such
14 programs or to discriminate against such a person in the terms, condi-
15 tions or privileges of such programs because of race, creed, color,
16 national origin, sexual orientation, military status, VETERAN STATUS,
17 sex, age, disability or marital status;
18 (d) To print or circulate or cause to be printed or circulated any
19 statement, advertisement or publication, or to use any form of applica-
20 tion for such programs or to make any inquiry in connection with such
21 program which expresses, directly or indirectly, any limitation, spec-
22 ification or discrimination as to race, creed, color, national origin,
23 sexual orientation, military status, VETERAN STATUS, sex, age, disabili-
24 ty or marital status, or any intention to make any such limitation,
25 specification or discrimination, unless based on a bona fide occupa-
26 tional qualification.
27 S 5. Paragraph (a) of subdivision 2 of section 296 of the executive
28 law, as amended by chapter 106 of the laws of 2003, is amended to read
29 as follows:
30 (a) It shall be an unlawful discriminatory practice for any person,
31 being the owner, lessee, proprietor, manager, superintendent, agent or
32 employee of any place of public accommodation, resort or amusement,
33 because of the race, creed, color, national origin, sexual orientation,
34 military status, VETERAN STATUS, sex, or disability or marital status of
35 any person, directly or indirectly, to refuse, withhold from or deny to
36 such person any of the accommodations, advantages, facilities or privi-
37 leges thereof, including the extension of credit, or, directly or indi-
38 rectly, to publish, circulate, issue, display, post or mail any written
39 or printed communication, notice or advertisement, to the effect that
40 any of the accommodations, advantages, facilities and privileges of any
41 such place shall be refused, withheld from or denied to any person on
42 account of race, creed, color, national origin, sexual orientation,
43 military status, VETERAN STATUS, sex, or disability or marital status,
44 or that the patronage or custom thereat of any person of or purporting
45 to be of any particular race, creed, color, national origin, sexual
46 orientation, military status, VETERAN STATUS, sex or marital status, or
47 having a disability is unwelcome, objectionable or not acceptable,
48 desired or solicited.
49 S 6. Paragraphs (a), (b) and (c-1) of subdivision 2-a of section 296
50 of the executive law, paragraphs (a) and (b) as amended and paragraph
51 (c-1) as added by chapter 106 of the laws of 2003, are amended to read
52 as follows:
53 (a) To refuse to sell, rent or lease or otherwise to deny to or with-
54 hold from any person or group of persons such housing accommodations
55 because of the race, creed, color, disability, national origin, sexual
56 orientation, military status, VETERAN STATUS, age, sex, marital status,
A. 8482 4
1 or familial status of such person or persons, or to represent that any
2 housing accommodation or land is not available for inspection, sale,
3 rental or lease when in fact it is so available.
4 (b) To discriminate against any person because of his or her race,
5 creed, color, disability, national origin, sexual orientation, military
6 status, VETERAN STATUS, age, sex, marital status, or familial status in
7 the terms, conditions or privileges of any publicly-assisted housing
8 accommodations or in the furnishing of facilities or services in
9 connection therewith.
10 (c-1) To print or circulate or cause to be printed or circulated any
11 statement, advertisement or publication, or to use any form of applica-
12 tion for the purchase, rental or lease of such housing accommodation or
13 to make any record or inquiry in connection with the prospective
14 purchase, rental or lease of such a housing accommodation which
15 expresses, directly or indirectly, any limitation, specification or
16 discrimination as to race, creed, color, national origin, sexual orien-
17 tation, military status, VETERAN STATUS, sex, age, disability, marital
18 status, or familial status, or any intent to make any such limitation,
19 specification or discrimination.
20 S 7. Subdivisions 3-b, 4 and 5 of section 296 of the executive law, as
21 amended by chapter 106 of the laws of 2003, are amended to read as
22 follows:
23 3-b. It shall be an unlawful discriminatory practice for any real
24 estate broker, real estate salesperson or employee or agent thereof or
25 any other individual, corporation, partnership or organization for the
26 purpose of inducing a real estate transaction from which any such person
27 or any of its stockholders or members may benefit financially, to repre-
28 sent that a change has occurred or will or may occur in the composition
29 with respect to race, creed, color, national origin, sexual orientation,
30 military status, VETERAN STATUS, sex, disability, marital status, or
31 familial status of the owners or occupants in the block, neighborhood or
32 area in which the real property is located, and to represent, directly
33 or indirectly, that this change will or may result in undesirable conse-
34 quences in the block, neighborhood or area in which the real property is
35 located, including but not limited to the lowering of property values,
36 an increase in criminal or anti-social behavior, or a decline in the
37 quality of schools or other facilities.
38 4. It shall be an unlawful discriminatory practice for an education
39 corporation or association which holds itself out to the public to be
40 non-sectarian and exempt from taxation pursuant to the provisions of
41 article four of the real property tax law to deny the use of its facili-
42 ties to any person otherwise qualified, or to permit the harassment of
43 any student or applicant, by reason of his race, color, religion, disa-
44 bility, national origin, sexual orientation, military status, VETERAN
45 STATUS, sex, age or marital status, except that any such institution
46 which establishes or maintains a policy of educating persons of one sex
47 exclusively may admit students of only one sex.
48 5. (a) It shall be an unlawful discriminatory practice for the owner,
49 lessee, sub-lessee, assignee, or managing agent of, or other person
50 having the right to sell, rent or lease a housing accommodation,
51 constructed or to be constructed, or any agent or employee thereof:
52 (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
53 from any person or group of persons such a housing accommodation because
54 of the race, creed, color, national origin, sexual orientation, military
55 status, VETERAN STATUS, sex, age, disability, marital status, or fami-
56 lial status of such person or persons, or to represent that any housing
A. 8482 5
1 accommodation or land is not available for inspection, sale, rental or
2 lease when in fact it is so available.
3 (2) To discriminate against any person because of race, creed, color,
4 national origin, sexual orientation, military status, VETERAN STATUS,
5 sex, age, disability, marital status, or familial status in the terms,
6 conditions or privileges of the sale, rental or lease of any such hous-
7 ing accommodation or in the furnishing of facilities or services in
8 connection therewith.
9 (3) To print or circulate or cause to be printed or circulated any
10 statement, advertisement or publication, or to use any form of applica-
11 tion for the purchase, rental or lease of such housing accommodation or
12 to make any record or inquiry in connection with the prospective
13 purchase, rental or lease of such a housing accommodation which
14 expresses, directly or indirectly, any limitation, specification or
15 discrimination as to race, creed, color, national origin, sexual orien-
16 tation, military status, VETERAN STATUS, sex, age, disability, marital
17 status, or familial status, or any intent to make any such limitation,
18 specification or discrimination.
19 The provisions of this paragraph (a) shall not apply (1) to the rental
20 of a housing accommodation in a building which contains housing accommo-
21 dations for not more than two families living independently of each
22 other, if the owner resides in one of such housing accommodations, (2)
23 to the restriction of the rental of all rooms in a housing accommodation
24 to individuals of the same sex or (3) to the rental of a room or rooms
25 in a housing accommodation, if such rental is by the occupant of the
26 housing accommodation or by the owner of the housing accommodation and
27 the owner resides in such housing accommodation or (4) solely with
28 respect to age and familial status to the restriction of the sale,
29 rental or lease of housing accommodations exclusively to persons sixty-
30 two years of age or older and the spouse of any such person, or for
31 housing intended and operated for occupancy by at least one person
32 fifty-five years of age or older per unit. In determining whether hous-
33 ing is intended and operated for occupancy by persons fifty-five years
34 of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
35 federal Fair Housing Act of 1988, as amended, shall apply.
36 (b) It shall be an unlawful discriminatory practice for the owner,
37 lessee, sub-lessee, or managing agent of, or other person having the
38 right of ownership or possession of or the right to sell, rent or lease,
39 land or commercial space:
40 (1) To refuse to sell, rent, lease or otherwise deny to or withhold
41 from any person or group of persons land or commercial space because of
42 the race, creed, color, national origin, sexual orientation, military
43 status, VETERAN STATUS, sex, age, disability, marital status, or fami-
44 lial status of such person or persons, or to represent that any housing
45 accommodation or land is not available for inspection, sale, rental or
46 lease when in fact it is so available;
47 (2) To discriminate against any person because of race, creed, color,
48 national origin, sexual orientation, military status, VETERAN STATUS,
49 sex, age, disability, marital status, or familial status in the terms,
50 conditions or privileges of the sale, rental or lease of any such land
51 or commercial space; or in the furnishing of facilities or services in
52 connection therewith;
53 (3) To print or circulate or cause to be printed or circulated any
54 statement, advertisement or publication, or to use any form of applica-
55 tion for the purchase, rental or lease of such land or commercial space
56 or to make any record or inquiry in connection with the prospective
A. 8482 6
1 purchase, rental or lease of such land or commercial space which
2 expresses, directly or indirectly, any limitation, specification or
3 discrimination as to race, creed, color, national origin, sexual orien-
4 tation, military status, VETERAN STATUS, sex, age, disability, marital
5 status, or familial status; or any intent to make any such limitation,
6 specification or discrimination.
7 (4) With respect to age and familial status, the provisions of this
8 paragraph shall not apply to the restriction of the sale, rental or
9 lease of land or commercial space exclusively to persons fifty-five
10 years of age or older and the spouse of any such person, or to the
11 restriction of the sale, rental or lease of land to be used for the
12 construction, or location of housing accommodations exclusively for
13 persons sixty-two years of age or older, or intended and operated for
14 occupancy by at least one person fifty-five years of age or older per
15 unit. In determining whether housing is intended and operated for occu-
16 pancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c)
17 (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as
18 amended, shall apply.
19 (c) It shall be an unlawful discriminatory practice for any real
20 estate broker, real estate salesperson or employee or agent thereof:
21 (1) To refuse to sell, rent or lease any housing accommodation, land
22 or commercial space to any person or group of persons or to refuse to
23 negotiate for the sale, rental or lease, of any housing accommodation,
24 land or commercial space to any person or group of persons because of
25 the race, creed, color, national origin, sexual orientation, military
26 status, VETERAN STATUS, sex, age, disability, marital status, or fami-
27 lial status of such person or persons, or to represent that any housing
28 accommodation, land or commercial space is not available for inspection,
29 sale, rental or lease when in fact it is so available, or otherwise to
30 deny or withhold any housing accommodation, land or commercial space or
31 any facilities of any housing accommodation, land or commercial space
32 from any person or group of persons because of the race, creed, color,
33 national origin, sexual orientation, military status, VETERAN STATUS,
34 sex, age, disability, marital status, or familial status of such person
35 or persons.
36 (2) To print or circulate or cause to be printed or circulated any
37 statement, advertisement or publication, or to use any form of applica-
38 tion for the purchase, rental or lease of any housing accommodation,
39 land or commercial space or to make any record or inquiry in connection
40 with the prospective purchase, rental or lease of any housing accommo-
41 dation, land or commercial space which expresses, directly or indirect-
42 ly, any limitation, specification, or discrimination as to race, creed,
43 color, national origin, sexual orientation, military status, VETERAN
44 STATUS, sex, age, disability, marital status, or familial status; or any
45 intent to make any such limitation, specification or discrimination.
46 (3) With respect to age and familial status, the provisions of this
47 paragraph shall not apply to the restriction of the sale, rental or
48 lease of any land or commercial space exclusively to persons fifty-five
49 years of age or older and the spouse of any such person, or to the
50 restriction of the sale, rental or lease of any housing accommodation or
51 land to be used for the construction or location of housing accommo-
52 dations for persons sixty-two years of age or older, or intended and
53 operated for occupancy by at least one person fifty-five years of age or
54 older per unit. In determining whether housing is intended and operated
55 for occupancy by persons fifty-five years of age or older, Sec. 807 (b)
A. 8482 7
1 (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act of
2 1988, as amended, shall apply.
3 (d) It shall be an unlawful discriminatory practice for any real
4 estate board, because of the race, creed, color, national origin, sexual
5 orientation, military status, VETERAN STATUS, age, sex, disability,
6 marital status, or familial status of any individual who is otherwise
7 qualified for membership, to exclude or expel such individual from
8 membership, or to discriminate against such individual in the terms,
9 conditions and privileges of membership in such board.
10 (e) It shall be an unlawful discriminatory practice for the owner,
11 proprietor or managing agent of, or other person having the right to
12 provide care and services in, a private proprietary nursing home, conva-
13 lescent home, or home for adults, or an intermediate care facility, as
14 defined in section two of the social services law, heretofore
15 constructed, or to be constructed, or any agent or employee thereof, to
16 refuse to provide services and care in such home or facility to any
17 individual or to discriminate against any individual in the terms,
18 conditions, and privileges of such services and care solely because such
19 individual is a blind person. For purposes of this paragraph, a "blind
20 person" shall mean a person who is registered as a blind person with the
21 commission for the visually handicapped and who meets the definition of
22 a "blind person" pursuant to section three of chapter four hundred
23 fifteen of the laws of nineteen hundred thirteen entitled "An act to
24 establish a state commission for improving the condition of the blind of
25 the state of New York, and making an appropriation therefor".
26 (f) The provisions of this subdivision, as they relate to age, shall
27 not apply to persons under the age of eighteen years.
28 (g) It shall be an unlawful discriminatory practice for any person
29 offering or providing housing accommodations, land or commercial space
30 as described in paragraphs (a), (b), and (c) of this subdivision to make
31 or cause to be made any written or oral inquiry or record concerning
32 membership of any person in the state organized militia in relation to
33 the purchase, rental or lease of such housing accommodation, land, or
34 commercial space, provided, however, that nothing in this subdivision
35 shall prohibit a member of the state organized militia from voluntarily
36 disclosing such membership.
37 S 8. Paragraph (a) of subdivision 9 of section 296 of the executive
38 law, as amended by chapter 106 of the laws of 2003, is amended to read
39 as follows:
40 (a) It shall be an unlawful discriminatory practice for any fire
41 department or fire company therein, through any member or members there-
42 of, officers, board of fire commissioners or other body or office having
43 power of appointment of volunteer firefighters, directly or indirectly,
44 by ritualistic practice, constitutional or by-law prescription, by tacit
45 agreement among its members, or otherwise, to deny to any individual
46 membership in any volunteer fire department or fire company therein, or
47 to expel or discriminate against any volunteer member of a fire depart-
48 ment or fire company therein, because of the race, creed, color,
49 national origin, sexual orientation, military status, VETERAN STATUS,
50 sex or marital status of such individual.
51 S 9. Subdivision 13 of section 296 of the executive law, as amended by
52 chapter 196 of the laws of 2010, is amended to read as follows:
53 13. It shall be an unlawful discriminatory practice (i) for any person
54 to boycott or blacklist, or to refuse to buy from, sell to or trade
55 with, or otherwise discriminate against any person, because of the race,
56 creed, color, national origin, sexual orientation, military status,
A. 8482 8
1 VETERAN STATUS, sex, or disability of such person, or of such person's
2 partners, members, stockholders, directors, officers, managers, super-
3 intendents, agents, employees, business associates, suppliers or custom-
4 ers, or (ii) for any person wilfully to do any act or refrain from doing
5 any act which enables any such person to take such action. This subdivi-
6 sion shall not apply to:
7 (a) Boycotts connected with labor disputes; or
8 (b) Boycotts to protest unlawful discriminatory practices.
9 S 10. Subdivisions 1, 2 and 3 of section 296-a of the executive law,
10 as amended by chapter 106 of the laws of 2003, are amended to read as
11 follows:
12 1. It shall be an unlawful discriminatory practice for any creditor or
13 any officer, agent or employee thereof:
14 a. In the case of applications for credit with respect to the
15 purchase, acquisition, construction, rehabilitation, repair or mainte-
16 nance of any housing accommodation, land or commercial space to discrim-
17 inate against any such applicant because of the race, creed, color,
18 national origin, sexual orientation, military status, VETERAN STATUS,
19 age, sex, marital status, disability, or familial status of such appli-
20 cant or applicants or any member, stockholder, director, officer or
21 employee of such applicant or applicants, or of the prospective occu-
22 pants or tenants of such housing accommodation, land or commercial
23 space, in the granting, withholding, extending or renewing, or in the
24 fixing of the rates, terms or conditions of, any such credit;
25 b. To discriminate in the granting, withholding, extending or renew-
26 ing, or in the fixing of the rates, terms or conditions of, any form of
27 credit, on the basis of race, creed, color, national origin, sexual
28 orientation, military status, VETERAN STATUS, age, sex, marital status,
29 disability, or familial status;
30 c. To use any form of application for credit or use or make any record
31 or inquiry which expresses, directly or indirectly, any limitation,
32 specification, or discrimination as to race, creed, color, national
33 origin, sexual orientation, military status, VETERAN STATUS, age, sex,
34 marital status, disability, or familial status;
35 d. To make any inquiry of an applicant concerning his or her capacity
36 to reproduce, or his or her use or advocacy of any form of birth control
37 or family planning;
38 e. To refuse to consider sources of an applicant's income or to
39 subject an applicant's income to discounting, in whole or in part,
40 because of an applicant's race, creed, color, national origin, sexual
41 orientation, military status, VETERAN STATUS, age, sex, marital status,
42 childbearing potential, disability, or familial status;
43 f. To discriminate against a married person because such person
44 neither uses nor is known by the surname of his or her spouse.
45 This paragraph shall not apply to any situation where the use of a
46 surname would constitute or result in a criminal act.
47 2. Without limiting the generality of subdivision one of this section,
48 it shall be considered discriminatory if, because of an applicant's or
49 class of applicants' race, creed, color, national origin, sexual orien-
50 tation, military status, VETERAN STATUS, age, sex, marital status or
51 disability, or familial status, (i) an applicant or class of applicants
52 is denied credit in circumstances where other applicants of like overall
53 credit worthiness are granted credit, or (ii) special requirements or
54 conditions, such as requiring co-obligors or reapplication upon
55 marriage, are imposed upon an applicant or class of applicants in
A. 8482 9
1 circumstances where similar requirements or conditions are not imposed
2 upon other applicants of like overall credit worthiness.
3 3. It shall not be considered discriminatory if credit differen-
4 tiations or decisions are based upon factually supportable, objective
5 differences in applicants' overall credit worthiness, which may include
6 reference to such factors as current income, assets and prior credit
7 history of such applicants, as well as reference to any other relevant
8 factually supportable data; provided, however, that no creditor shall
9 consider, in evaluating the credit worthiness of an applicant, aggregate
10 statistics or assumptions relating to race, creed, color, national
11 origin, sexual orientation, military status, VETERAN STATUS, sex, mari-
12 tal status or disability, or to the likelihood of any group of persons
13 bearing or rearing children, or for that reason receiving diminished or
14 interrupted income in the future.
15 S 11. This act shall take effect immediately.