Bill Text: NY S09453 | 2021-2022 | General Assembly | Introduced
Bill Title: Adds "pregnancy outcome" to the list of protected classes.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-05-30 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S09453 Detail]
Download: New_York-2021-S09453-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9453 IN SENATE May 30, 2022 ___________ Introduced by Sen. KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the executive law and the civil rights law, in relation to adding "pregnancy outcome" to the list of protected classes 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 40 to read as follows: 3 40. The term "pregnancy outcome" means any actual, potential, or 4 perceived result of a pregnancy, including, but not limited to, 5 abortion, miscarriage, stillbirth, live delivery of an infant regardless 6 of the infant's health or disability status, or death of a newborn due 7 to causes that originated in utero. 8 § 2. Subdivisions 1 and 2 of section 291 of the executive law, as 9 amended by chapter 8 of the laws of 2019, are amended to read as 10 follows: 11 1. The opportunity to obtain employment without discrimination because 12 of age, race, creed, color, national origin, sexual orientation, gender 13 identity or expression, military status, sex, pregnancy outcome, marital 14 status, or disability, is hereby recognized as and declared to be a 15 civil right. 16 2. The opportunity to obtain education, the use of places of public 17 accommodation and the ownership, use and occupancy of housing accommo- 18 dations and commercial space without discrimination because of age, 19 race, creed, color, national origin, sexual orientation, gender identity 20 or expression, military status, sex, pregnancy outcome, marital status, 21 or disability, as specified in section two hundred ninety-six of this 22 article, is hereby recognized as and declared to be a civil right. 23 § 3. Subdivisions 8 and 9 of section 295 of the executive law, as 24 amended by chapter 8 of the laws of 2019, are amended to read as 25 follows: 26 8. To create such advisory councils, local, regional or state-wide, as 27 in its judgment will aid in effectuating the purposes of this article EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16012-02-2S. 9453 2 1 and of section eleven of article one of the constitution of this state, 2 and the division may empower them to study the problems of discrimi- 3 nation in all or specific fields of human relationships or in specific 4 instances of discrimination because of age, race, creed, color, national 5 origin, sexual orientation, gender identity or expression, military 6 status, sex, pregnancy outcome, disability or marital status and make 7 recommendations to the division for the development of policies and 8 procedures in general and in specific instances. The advisory councils 9 also shall disseminate information about the division's activities to 10 organizations and individuals in their localities. Such advisory coun- 11 cils shall be composed of representative citizens, serving without pay, 12 but with reimbursement for actual and necessary traveling expenses; and 13 the division may make provision for technical and clerical assistance to 14 such councils and for the expenses of such assistance. 15 9. To develop human rights plans and policies for the state and assist 16 in their execution and to make investigations and studies appropriate to 17 effectuate this article and to issue such publications and such results 18 of investigations and research as in its judgement will tend to inform 19 persons of the rights assured and remedies provided under this article, 20 to promote good-will and minimize or eliminate discrimination because of 21 age, race, creed, color, national origin, sexual orientation, gender 22 identity or expression, military status, sex, pregnancy outcome, disa- 23 bility or marital status. 24 § 4. Paragraphs (a), (b), (c), (d) and (h) of subdivision 1 of section 25 296 of the executive law, as amended by chapter 202 of the laws of 2022, 26 are amended to read as follows: 27 (a) For an employer or licensing agency, because of an individual's 28 age, race, creed, color, national origin, sexual orientation, gender 29 identity or expression, military status, sex, pregnancy outcome, disa- 30 bility, predisposing genetic characteristics, familial status, marital 31 status, or status as a victim of domestic violence, to refuse to hire or 32 employ or to bar or to discharge from employment such individual or to 33 discriminate against such individual in compensation or in terms, condi- 34 tions or privileges of employment. 35 (b) For an employment agency to discriminate against any individual 36 because of age, race, creed, color, national origin, sexual orientation, 37 gender identity or expression, military status, sex, pregnancy outcome, 38 disability, predisposing genetic characteristics, familial status, mari- 39 tal status, or status as a victim of domestic violence, in receiving, 40 classifying, disposing or otherwise acting upon applications for its 41 services or in referring an applicant or applicants to an employer or 42 employers. 43 (c) For a labor organization, because of the age, race, creed, color, 44 national origin, sexual orientation, gender identity or expression, 45 military status, sex, pregnancy outcome, disability, predisposing genet- 46 ic characteristics, familial status, marital status, or status as a 47 victim of domestic violence, of any individual, to exclude or to expel 48 from its membership such individual or to discriminate in any way 49 against any of its members or against any employer or any individual 50 employed by an employer. 51 (d) For any employer or employment agency to print or circulate or 52 cause to be printed or circulated any statement, advertisement or publi- 53 cation, or to use any form of application for employment or to make any 54 inquiry in connection with prospective employment, which expresses 55 directly or indirectly, any limitation, specification or discrimination 56 as to age, race, creed, color, national origin, sexual orientation,S. 9453 3 1 gender identity or expression, military status, sex, pregnancy outcome, 2 disability, predisposing genetic characteristics, familial status, mari- 3 tal status, or status as a victim of domestic violence, or any intent to 4 make any such limitation, specification or discrimination, unless based 5 upon a bona fide occupational qualification; provided, however, that 6 neither this paragraph nor any provision of this chapter or other law 7 shall be construed to prohibit the department of civil service or the 8 department of personnel of any city containing more than one county from 9 requesting information from applicants for civil service examinations 10 concerning any of the aforementioned characteristics, other than sexual 11 orientation, for the purpose of conducting studies to identify and 12 resolve possible problems in recruitment and testing of members of 13 minority groups to ensure the fairest possible and equal opportunities 14 for employment in the civil service for all persons, regardless of age, 15 race, creed, color, national origin, sexual orientation or gender iden- 16 tity or expression, military status, sex, pregnancy outcome, disability, 17 predisposing genetic characteristics, familial status, or marital 18 status. 19 (h) For an employer, licensing agency, employment agency or labor 20 organization to subject any individual to harassment because of an indi- 21 vidual's age, race, creed, color, national origin, sexual orientation, 22 gender identity or expression, military status, sex, pregnancy outcome, 23 disability, predisposing genetic characteristics, familial status, mari- 24 tal status, status as a victim of domestic violence, or because the 25 individual has opposed any practices forbidden under this article or 26 because the individual has filed a complaint, testified or assisted in 27 any proceeding under this article, regardless of whether such harassment 28 would be considered severe or pervasive under precedent applied to 29 harassment claims. Such harassment is an unlawful discriminatory prac- 30 tice when it subjects an individual to inferior terms, conditions or 31 privileges of employment because of the individual's membership in one 32 or more of these protected categories. The fact that such individual did 33 not make a complaint about the harassment to such employer, licensing 34 agency, employment agency or labor organization shall not be determina- 35 tive of whether such employer, licensing agency, employment agency or 36 labor organization shall be liable. Nothing in this section shall imply 37 that an employee must demonstrate the existence of an individual to whom 38 the employee's treatment must be compared. It shall be an affirmative 39 defense to liability under this subdivision that the harassing conduct 40 does not rise above the level of what a reasonable victim of discrimi- 41 nation with the same protected characteristic or characteristics would 42 consider petty slights or trivial inconveniences. 43 § 5. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of 44 the executive law, as amended by chapter 202 of the laws of 2022, are 45 amended to read as follows: 46 (b) To deny to or withhold from any person because of race, creed, 47 color, national origin, sexual orientation, gender identity or 48 expression, military status, sex, pregnancy outcome, age, disability, 49 familial status, marital status, or status as a victim of domestic 50 violence, the right to be admitted to or participate in a guidance 51 program, an apprenticeship training program, on-the-job training 52 program, executive training program, or other occupational training or 53 retraining program; 54 (c) To discriminate against any person in his or her pursuit of such 55 programs or to discriminate against such a person in the terms, condi- 56 tions or privileges of such programs because of race, creed, color,S. 9453 4 1 national origin, sexual orientation, gender identity or expression, 2 military status, sex, pregnancy outcome, age, disability, familial 3 status, marital status, or status as a victim of domestic violence; 4 (d) To print or circulate or cause to be printed or circulated any 5 statement, advertisement or publication, or to use any form of applica- 6 tion for such programs or to make any inquiry in connection with such 7 program which expresses, directly or indirectly, any limitation, spec- 8 ification or discrimination as to race, creed, color, national origin, 9 sexual orientation, gender identity or expression, military status, sex, 10 pregnancy outcome, age, disability, familial status, marital status, or 11 status as a victim of domestic violence, or any intention to make any 12 such limitation, specification or discrimination, unless based on a bona 13 fide occupational qualification. 14 § 6. Paragraph (a) of subdivision 2 of section 296 of the executive 15 law, as amended by chapter 202 of the laws of 2022, is amended to read 16 as follows: 17 (a) It shall be an unlawful discriminatory practice for any person, 18 being the owner, lessee, proprietor, manager, superintendent, agent or 19 employee of any place of public accommodation, resort or amusement, 20 because of the race, creed, color, national origin, sexual orientation, 21 gender identity or expression, military status, sex, pregnancy outcome, 22 disability, marital status, or status as a victim of domestic violence, 23 of any person, directly or indirectly, to refuse, withhold from or deny 24 to such person any of the accommodations, advantages, facilities or 25 privileges thereof, including the extension of credit, or, directly or 26 indirectly, to publish, circulate, issue, display, post or mail any 27 written or printed communication, notice or advertisement, to the effect 28 that any of the accommodations, advantages, facilities and privileges of 29 any such place shall be refused, withheld from or denied to any person 30 on account of race, creed, color, national origin, sexual orientation, 31 gender identity or expression, military status, sex, pregnancy outcome, 32 disability or marital status, or that the patronage or custom thereat of 33 any person of or purporting to be of any particular race, creed, color, 34 national origin, sexual orientation, gender identity or expression, 35 military status, sex, pregnancy outcome or marital status, or having a 36 disability is unwelcome, objectionable or not acceptable, desired or 37 solicited. 38 § 7. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section 39 296 of the executive law, as amended by chapter 202 of the laws of 2022, 40 are amended to read as follows: 41 (a) To refuse to sell, rent or lease or otherwise to deny to or with- 42 hold from any person or group of persons such housing accommodations 43 because of the race, creed, color, disability, national origin, sexual 44 orientation, gender identity or expression, military status, age, sex, 45 pregnancy outcome, marital status, status as a victim of domestic 46 violence, lawful source of income or familial status of such person or 47 persons, or to represent that any housing accommodation or land is not 48 available for inspection, sale, rental or lease when in fact it is so 49 available. 50 (b) To discriminate against any person because of his or her race, 51 creed, color, disability, national origin, sexual orientation, gender 52 identity or expression, military status, age, sex, pregnancy outcome, 53 marital status, status as a victim of domestic violence, lawful source 54 of income or familial status in the terms, conditions or privileges of 55 any publicly-assisted housing accommodations or in the furnishing of 56 facilities or services in connection therewith.S. 9453 5 1 (c) To cause to be made any written or oral inquiry or record concern- 2 ing the race, creed, color, disability, national origin, sexual orien- 3 tation, gender identity or expression, membership in the reserve armed 4 forces of the United States or in the organized militia of the state, 5 age, sex, pregnancy outcome, marital status, status as a victim of 6 domestic violence, lawful source of income or familial status of a 7 person seeking to rent or lease any publicly-assisted housing accommo- 8 dation; provided, however, that nothing in this subdivision shall 9 prohibit a member of the reserve armed forces of the United States or in 10 the organized militia of the state from voluntarily disclosing such 11 membership. 12 (c-1) To print or circulate or cause to be printed or circulated any 13 statement, advertisement or publication, or to use any form of applica- 14 tion for the purchase, rental or lease of such housing accommodation or 15 to make any record or inquiry in connection with the prospective 16 purchase, rental or lease of such a housing accommodation which 17 expresses, directly or indirectly, any limitation, specification or 18 discrimination as to race, creed, color, national origin, sexual orien- 19 tation, gender identity or expression, military status, sex, pregnancy 20 outcome, age, disability, marital status, status as a victim of domestic 21 violence, lawful source of income or familial status, or any intent to 22 make any such limitation, specification or discrimination. 23 § 8. Subdivisions 3-b, 4 and 13 of section 296 of the executive law, 24 as amended by chapter 202 of the laws of 2022, are amended to read as 25 follows: 26 3-b. It shall be an unlawful discriminatory practice for any real 27 estate broker, real estate salesperson or employee or agent thereof or 28 any other individual, corporation, partnership or organization for the 29 purpose of inducing a real estate transaction from which any such person 30 or any of its stockholders or members may benefit financially, to repre- 31 sent that a change has occurred or will or may occur in the composition 32 with respect to race, creed, color, national origin, sexual orientation, 33 gender identity or expression, military status, sex, pregnancy outcome, 34 disability, marital status, status as a victim of domestic violence, or 35 familial status of the owners or occupants in the block, neighborhood or 36 area in which the real property is located, and to represent, directly 37 or indirectly, that this change will or may result in undesirable conse- 38 quences in the block, neighborhood or area in which the real property is 39 located, including but not limited to the lowering of property values, 40 an increase in criminal or anti-social behavior, or a decline in the 41 quality of schools or other facilities. 42 4. It shall be an unlawful discriminatory practice for an educational 43 institution to deny the use of its facilities to any person otherwise 44 qualified, or to permit the harassment of any student or applicant, by 45 reason of his race, color, religion, disability, national origin, sexual 46 orientation, gender identity or expression, military status, sex, preg- 47 nancy outcome, age, marital status, or status as a victim of domestic 48 violence, except that any such institution which establishes or main- 49 tains a policy of educating persons of one sex exclusively may admit 50 students of only one sex. 51 13. It shall be an unlawful discriminatory practice (i) for any person 52 to boycott or blacklist, or to refuse to buy from, sell to or trade 53 with, or otherwise discriminate against any person, because of the race, 54 creed, color, national origin, sexual orientation, gender identity or 55 expression, military status, sex, pregnancy outcome, status as a victim 56 of domestic violence, disability, or familial status, or of such person,S. 9453 6 1 or of such person's partners, members, stockholders, directors, offi- 2 cers, managers, superintendents, agents, employees, business associates, 3 suppliers or customers, or (ii) for any person wilfully to do any act or 4 refrain from doing any act which enables any such person to take such 5 action. This subdivision shall not apply to: 6 (a) Boycotts connected with labor disputes; or 7 (b) Boycotts to protest unlawful discriminatory practices. 8 § 9. Subparagraphs 1, 2 and 3 of paragraph (a) of subdivision 5 of 9 section 296 of the executive law, as amended by chapter 202 of the laws 10 of 2022, are amended to read as follows: 11 (1) To refuse to sell, rent, lease or otherwise to deny to or withhold 12 from any person or group of persons such a housing accommodation because 13 of the race, creed, color, national origin, sexual orientation, gender 14 identity or expression, military status, sex, pregnancy outcome, age, 15 disability, marital status, status as a victim of domestic violence, 16 lawful source of income or familial status of such person or persons, or 17 to represent that any housing accommodation or land is not available for 18 inspection, sale, rental or lease when in fact it is so available. 19 (2) To discriminate against any person because of race, creed, color, 20 national origin, sexual orientation, gender identity or expression, 21 military status, sex, pregnancy outcome, age, disability, marital 22 status, status as a victim of domestic violence, lawful source of income 23 or familial status in the terms, conditions or privileges of the sale, 24 rental or lease of any such housing accommodation or in the furnishing 25 of facilities or services in connection therewith. 26 (3) To print or circulate or cause to be printed or circulated any 27 statement, advertisement or publication, or to use any form of applica- 28 tion for the purchase, rental or lease of such housing accommodation or 29 to make any record or inquiry in connection with the prospective 30 purchase, rental or lease of such a housing accommodation which 31 expresses, directly or indirectly, any limitation, specification or 32 discrimination as to race, creed, color, national origin, sexual orien- 33 tation, gender identity or expression, military status, sex, pregnancy 34 outcome, age, disability, marital status, status as a victim of domestic 35 violence, lawful source of income or familial status, or any intent to 36 make any such limitation, specification or discrimination. 37 § 10. Subparagraphs 1, 2 and 3 of paragraph (b) of subdivision 5 of 38 section 296 of the executive law, as amended by chapter 202 of the laws 39 of 2022, are amended to read as follows: 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, gender 43 identity or expression, military status, sex, pregnancy outcome, age, 44 disability, marital status, status as a victim of domestic violence, or 45 familial status of such person or persons, or to represent that any 46 housing accommodation or land is not available for inspection, sale, 47 rental or lease when in fact it is so available; 48 (2) To discriminate against any person because of race, creed, color, 49 national origin, sexual orientation, gender identity or expression, 50 military status, sex, pregnancy outcome, age, disability, marital 51 status, status as a victim of domestic violence, or familial status in 52 the terms, conditions or privileges of the sale, rental or lease of any 53 such land or commercial space; or in the furnishing of facilities or 54 services in connection therewith; 55 (3) To print or circulate or cause to be printed or circulated any 56 statement, advertisement or publication, or to use any form of applica-S. 9453 7 1 tion for the purchase, rental or lease of such land or commercial space 2 or to make any record or inquiry in connection with the prospective 3 purchase, rental or lease of such land or commercial space which 4 expresses, directly or indirectly, any limitation, specification or 5 discrimination as to race, creed, color, national origin, sexual orien- 6 tation, gender identity or expression, military status, sex, pregnancy 7 outcome, age, disability, marital status, status as a victim of domestic 8 violence, or familial status; or any intent to make any such limitation, 9 specification or discrimination. 10 § 11. Subparagraphs 1 and 2 of paragraph (c) and paragraph (d) of 11 subdivision 5 of section 296 of the executive law, as amended by chapter 12 202 of the laws of 2022, are amended to read as follows: 13 (1) To refuse to sell, rent or lease any housing accommodation, land 14 or commercial space to any person or group of persons or to refuse to 15 negotiate for the sale, rental or lease, of any housing accommodation, 16 land or commercial space to any person or group of persons because of 17 the race, creed, color, national origin, sexual orientation, gender 18 identity or expression, military status, sex, pregnancy outcome, age, 19 disability, marital status, status as a victim of domestic violence, 20 lawful source of income or familial status of such person or persons, or 21 to represent that any housing accommodation, land or commercial space is 22 not available for inspection, sale, rental or lease when in fact it is 23 so available, or otherwise to deny or withhold any housing accommo- 24 dation, land or commercial space or any facilities of any housing accom- 25 modation, land or commercial space from any person or group of persons 26 because of the race, creed, color, national origin, sexual orientation, 27 gender identity or expression, military status, sex, pregnancy outcome, 28 age, disability, marital status, lawful source of income or familial 29 status of such person or persons. 30 (2) To print or circulate or cause to be printed or circulated any 31 statement, advertisement or publication, or to use any form of applica- 32 tion for the purchase, rental or lease of any housing accommodation, 33 land or commercial space or to make any record or inquiry in connection 34 with the prospective purchase, rental or lease of any housing accommo- 35 dation, land or commercial space which expresses, directly or indirect- 36 ly, any limitation, specification, or discrimination as to race, creed, 37 color, national origin, sexual orientation, gender identity or 38 expression, military status, sex, pregnancy outcome, age, disability, 39 marital status, status as a victim of domestic violence, lawful source 40 of income or familial status; or any intent to make any such limitation, 41 specification or discrimination. 42 (d) It shall be an unlawful discriminatory practice for any real 43 estate board, because of the race, creed, color, national origin, sexual 44 orientation, gender identity or expression, military status, age, sex, 45 pregnancy outcome, disability, marital status, status as a victim of 46 domestic violence, lawful source of income or familial status of any 47 individual who is otherwise qualified for membership, to exclude or 48 expel such individual from membership, or to discriminate against such 49 individual in the terms, conditions and privileges of membership in such 50 board. 51 § 12. Paragraph (a) of subdivision 9 of section 296 of the executive 52 law, as amended by chapter 202 of the laws of 2022, is amended to read 53 as follows: 54 (a) It shall be an unlawful discriminatory practice for any fire 55 department or fire company therein, through any member or members there- 56 of, officers, board of fire commissioners or other body or office havingS. 9453 8 1 power of appointment of volunteer firefighters, directly or indirectly, 2 by ritualistic practice, constitutional or by-law prescription, by tacit 3 agreement among its members, or otherwise, to deny to any individual 4 membership in any volunteer fire department or fire company therein, or 5 to expel or discriminate against any volunteer member of a fire depart- 6 ment or fire company therein, because of the race, creed, color, 7 national origin, sexual orientation, gender identity or expression, 8 military status, sex, pregnancy outcome, marital status, status as a 9 victim of domestic violence, or familial status, of such individual. 10 § 13. Paragraphs a, b, c and e of subdivision 1 of section 296-a of 11 the executive law, as amended by chapter 202 of the laws of 2022, are 12 amended to read as follows: 13 a. In the case of applications for credit with respect to the 14 purchase, acquisition, construction, rehabilitation, repair or mainte- 15 nance of any housing accommodation, land or commercial space to discrim- 16 inate against any such applicant because of the race, creed, color, 17 national origin, sexual orientation, gender identity or expression, 18 military status, age, sex, pregnancy outcome, marital status, status as 19 a victim of domestic violence, disability, or familial status of such 20 applicant 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, gender identity or expression, military status, age, sex, 29 pregnancy outcome, marital status, status as a victim of domestic 30 violence, disability, or familial status; 31 c. To use any form of application for credit or use or make any record 32 or inquiry which expresses, directly or indirectly, any limitation, 33 specification, or discrimination as to race, creed, color, national 34 origin, sexual orientation, gender identity or expression, military 35 status, age, sex, pregnancy outcome, marital status, status as a victim 36 of domestic violence, disability, or familial status; 37 e. To refuse to consider sources of an applicant's income or to 38 subject an applicant's income to discounting, in whole or in part, 39 because of an applicant's race, creed, color, national origin, sexual 40 orientation, gender identity or expression, military status, age, sex, 41 pregnancy outcome, marital status, status as a victim of domestic 42 violence, childbearing potential, disability, or familial status; 43 § 14. Subdivisions 2 and 3 of section 296-a of the executive law, as 44 amended by chapter 202 of the laws of 2022, are amended to read as 45 follows: 46 2. Without limiting the generality of subdivision one of this section, 47 it shall be considered discriminatory if, because of an applicant's or 48 class of applicants' race, creed, color, national origin, sexual orien- 49 tation, gender identity or expression, military status, age, sex, preg- 50 nancy outcome, marital status, status as a victim of domestic violence, 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 inS. 9453 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, gender identity or expression, military 12 status, sex, pregnancy outcome, marital status, status as a victim of 13 domestic violence or disability, or to the likelihood of any group of 14 persons bearing or rearing children, or for that reason receiving dimin- 15 ished or interrupted income in the future. 16 § 15. Subdivision 2 of section 40-c of the civil rights law, as 17 amended by chapter 8 of the laws of 2019, is amended to read as follows: 18 2. No person shall, because of race, creed, color, national origin, 19 sex, pregnancy outcome, marital status, sexual orientation, gender iden- 20 tity or expression, or disability, as such term is defined in section 21 two hundred ninety-two of the executive law, be subjected to any 22 discrimination in his or her civil rights, or to any harassment, as 23 defined in section 240.25 of the penal law, in the exercise thereof, by 24 any other person or by any firm, corporation or institution, or by the 25 state or any agency or subdivision of the state. 26 § 16. This act shall take effect immediately.