S 4154 —

Compared against the New York Consolidated Laws as published AI-generated reading aid — verify against the official bill.

This bill amends 1 section(s) of the New York Consolidated Laws: Section 296 of the executive law.

• Section 296 of the executive law

  , because of an individual's his or her or hundred hundred → 23. It shall be an unlawful discriminatory practice for an employer or licensing agency to bar any member of a protected class from an employ- ment opportunity by violating an established law or policy that would have provided such member of the protected class with equal employment opportunity. 24. The only legitimate business or occupational necessity exemption for excluding a protected class from equal employment opportunity shall be a real occupational qualification or a lawful protected status oriented contract. 25. It shall be an unlawful discriminatory practice for a person or agency to deny equal opportunity to a full and productive life by assigning or approving an advantage or disadvantage in opportunity to persons according to age, race, creed, color, national origin, sexu- al orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, mari- tal status, status as a victim of domestic violence or previous condi- tion of servitude. italics 26. It shall be an unlawful discriminatory practice for a person or agency to violate federal civil rights law or engage in an unlawful discriminatory practice as defined by federal civil rights law. 27. It shall be an unlawful discriminatory practice for a person or agency to engage in disparate treatment. Unlawful discriminatory prac- tice by disparate treatment occurs when: (a) the individual being discriminated against is a member of a protected class and the employer, institution or person knows the indi- vidual's protected class or knows that members of the protected class require equal treatment; (b) the act favors or assigns advantage to one protected class over another protected class; and (c) the reason for the act did not include a documented or otherwise verified assessment or evaluation of members of both the favored protected class and the unfavored protected class or the reason for the act did not justify a person of one protected class being favored over a person of another protected class. 28. It shall be an unlawful discriminatory practice for a person or agency to engage in acts of disparate impact. Unlawful discriminatory practice by disparate impact occurs when such person or agency: (a) identifies a specific policy or practice that favors or assigns advantage to one protected class over another protected class; (b) establishes adversity or harm to a protected class or a member of a protected class; (c) establishes a significant disparity between a favored protected class and an unfavored protected class; and (d) establishes a causal connection, that the policy or practice reasonably or logically led, wholly or in part, to the adversity or harm. 29. It shall be an unlawful discriminatory practice for a person or agency to engage in acts of unlawful discriminatory practice by mali- cious treatment. Unlawful discriminatory practice by malicious treatment occurs when: (a) an actor's usage of derogatory or demeaning language related to a protected status of the complainant or executing a demeaning act against the protected status of the complainant before, during or after the alleged act of discrimination within a time equal to the lawful statute of limitations for filing a civil suit against the act; (b) adversity or harm as a result of such language or act is estab- lished. (c) causal connection, that the act reasonably led, wholly or in part, to adversity or harm is established. 30. It shall be an unlawful discriminatory practice for a public agen- cy to engage in a contractual agreement in an amount greater than fifty thousand dollars without a documented competitive process that provided equal opportunity to persons without favor or advantage to any protected class. 31. It shall be an unlawful discriminatory practice for an employer to give employment opportunity to a candidate of one protected class that does not meet a statutory or published minimum or required qualification while denyin

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