Relates to expanding the scope of unlawful discriminatory practices to include public educational institutions

Section 2 of the bill would provide a technical amendment to remove the language that would appear in the new definition of "educational institution" from § 296.4 of the Executive Law.

Section 3 of the bill would make it effective immediately.

Statement in support

This bill would amend the Human Rights Law so that its anti-discrimination provisions, which afford protection against discrimination, harassment and bullying for members of protected groups, apply to public educational institutions, and not just to private schools, as was held in 2012 by the Court of Appeals. North Syracuse Central Sch. Dist. v. N.Y. State Div. of Human Rights, 19 N.Y.3d 481, 950 N.Y.S.2d 67 (2012).

The right to be free from discrimination by educational institutions is set out as one of the purposes of the New York State Human Rights Law, the oldest anti-discrimination law in the country. Thus, at the outset, the Human Rights Law states:

The legislature hereby finds and declares that the state has the responsibility to act to assure that every individual within this state is afforded an equal opportunity to enjoy a full and productive life and that the failure to provide such equal opportunity, whether because of discrimination, prejudice, intolerance or inadequate education, training, housing or health care not only threatens the rights and proper privileges of its inhabitants but menaces the institutions and foundation of a free democratic state and threatens the peace, order, health, safety and general welfare of the state and its inhabitants. A division in the executive department is hereby created to encourage programs designed to insure that every individual shall have an equal opportunity to participate fully in the economic, cultural and intellectual life of the state; to encourage and promote the development and execution by all persons within the state of such state programs; to eliminate and prevent discrimination in employment, in places of public accommodation, resort or amusement, in educational institutions, in public services, in housing accommodations, in commercial space and in credit transactions and to take other actions against discrimination as herein provided; and the division established hereunder is hereby given general jurisdiction and power for such purposes. Exec. L. § 290.3.

Moreover, in § 291 of the Human Rights Law the "opportunity to obtain education" without discrimination is "recognized and declared to be a civil right." Exec. L. § 291.2. There is no suggestion that the legislature intended to limit its application to private schools. Indeed, addressing the inadequacy of education cannot be achieved without holding public institutions accountable for discrimination.

In North Syracuse Central Sch. Dist. v. NY State Div. of Human Rights, supra, a case involving severe racial bullying of a young girl, the Court of Appeals indicated that persons aggrieved by discrimination in public education are not without recourse. For example, New York Education Law § 310 provides that a grievance may be filed with the Commissioner of Education. However, none of these avenues of complaint provide what private school students currently enjoy - an administrative State forum where individual victims of bullying, harassment and other discrimination are able to receive actual compensation for the harms done to them. In her strong dissent to North Syracuse Central Sch. Dist. v. N Y.

State Div. of Human Rights, Judge Ciparick noted that: It is antithetical to the purpose of the Human Rights Law to exempt public schools from its mandate. We have noted that discrimination is "all the more invidious" when practiced by state run entities (Koerner v State of NY, Pilgrim Psychiatric Ctr., 62 N.Y.2d 442, 448 (1984). The clear and express intent of the Human Rights Law is to protect "every individual" in the state from the evils of discrimination.

Accordingly, the extension of coverage through the addition of a definition of "educational institution" to include public as well private schools, would ensure that the education provisions of the Human Rights Law fulfill the intended purpose of the law.

Legislative history

This bill was previously introduced in the 2009-2010 session as A.11563/S.8436; in the 2011-12 session as A.8094/S.5823 and the 2013-14 session as A.6807/S.4606

Fiscal implications

None.

Effective date

Immediately.