§ 700.07. Additional provisions defining discriminatory practices.

a.

It shall be an unlawful discriminatory practice for any person to solicit, request, command, importune, compel or coerce the doing of any of the acts forbidden under this chapter or to attempt to do so, provided that: (1) a person shall not be held liable for a violation of this chapter if his or her conduct consists solely of speech or expressive conduct that is not done with intent that a discriminatory act be committed by another person and that does not solicit, request, command, importune, compel or intentionally aid another person to commit a discriminatory act; and (2) nothing in this chapter shall be construed as prohibiting or proscribing any conduct which is protected from governmental prohibition or regulation by the constitutions of the United States or the State of New York.

b.

It shall be an unlawful discriminatory practice for any person engaged in any activity to which this chapter applies to retaliate or discriminate against any person because he or she: (1) has opposed any practices forbidden under this chapter; or (2) has filed a complaint, testified, assisted or participated in any proceeding under this chapter; or (3) has commenced a civil action against such employer, labor organization or employment agency, or employee or agent thereof, which action alleges the commission of an unlawful discriminatory practice; or (4) has participated in or assisted the commission or its members or counsel in any investigation; or (5) has provided information to the commission or its members or counsel in any investigation which information was given as a verified statement not later found to lack veracity.

c.

It shall be an unlawful discriminatory practice for any party to a conciliation agreement made pursuant to section 700.12 of this chapter to violate the terms of such agreement.

d.

Nothing contained in this chapter 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 participation in any activity (including, but not limited to employment, education, or sales or rental of land or commercial property) to, or granting admission to, or giving preference to, persons of the same religion or denomination or from taking such action as is calculated by such organization to promote the religious principles for which it is established or maintained.

e.

Nothing in this chapter shall be deemed to affect, in any way, the right of a religious or denominational educational institution to select its students exclusively or primarily from members of such religion or denomination or from giving preference in such selection to such members or to make such selection of its students as is calculated by such institution to promote the religious principles for which it is established or maintained. Nothing in this chapter shall impair or abridge the right of an independent institution, which establishes or maintains a policy of educating persons of one gender exclusively, to admit students of only one gender or to employ administrators and teachers on its faculty of the same gender.

f.

Nothing in this chapter shall be deemed to affect, in any way, the right of a religious or denominational educational institution licensed by the State of New York to establish curricula and lessons, to select educational materials and programs, or otherwise determine the content and substance of the education to be afforded to its students and, in particular, to develop curricula and lessons and to select educational materials and programs in order to promote the religious principles for which the institution was established or maintained. Nor shall it be an unlawful discriminatory practice for any religious or denominational educational institution licensed by the State of New York to educate its students in accordance with the religious beliefs and principles for which such institution was established or maintained.

g.

Notwithstanding any other provision of this chapter to the contrary, it shall not be an unlawful discriminatory practice for an employer, employment agency, labor organization or joint labor-management committee to carry out a plan, approved by the New York State Division of Human Rights, to increase the employment of members of a minority group (as may be defined pursuant to the regulations of the division), which has a state-wide unemployment rate that is disproportionately high in comparison with the state-wide unemployment rate of the general, population.

(Added by L.L. No. 17-1999; amended by L.L. No. 7-2001; L.L. No. 4-2008, § 5)