New Protected Classes Added
New York’s Human Rights Law created two new classes: citizenship and immigration status.
On December 23, 2022, Gov. Hochul signed Bill A6328A/S6586. The bill amends New York Executive Law, Article 15 (i.e., the New York Human Rights Law), to prohibit discrimination based on an individual’s citizenship or immigration status.
The term “citizenship or immigration status” means the citizenship of any person or the immigration status of any person who is not a citizen of the United States. The law clarifies that it does not preclude verification of citizenship or immigration status where required. Additionally, the law does not prohibit an adverse action based on proof of citizenship or immigration status where the adverse action is required by law.
The addition of two more protected classes brings the number of protected classes in New York to race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, lawful source of income, familial status, status as a victim of domestic violence, citizenship, and immigration status.
Under Executive Law §296(5) for all of the aforementioned protected classes: (a) It shall be an unlawful discriminatory practice for the owner, lessee, sub-lessee, assignee or managing agent of, or other person having the right to sell, rent or lease a housing accommodation, constructed or to be constructed, or any agent or employee thereof:
- To refuse to sell, rent, lease, or otherwise deny to or withhold from any person or group of persons such a housing accommodation
- To discriminate against any person
- To print or circulate or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for the purchase, rental, or lease of such housing accommodation or to make any record or inquiry in connection with the prospective purchase, rental or lease of such a housing accommodation which expresses, directly or indirectly, any limitation, specification or discrimination
Licensees need to be aware of all federal, state, and local protected classes when working with clients, customers, and other members of the public.
