Assembly Bill A8147A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8147--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 4, 2019
                                ___________
 
 Introduced  by  M.  of  A.  PICHARDO, ORTIZ, DICKENS, DE LA ROSA, SIMON,
   ARROYO, REYES, DeSTEFANO,  D'URSO,  GLICK,  GOTTFRIED,  BARRON,  NIOU,
   JACOBSON -- read once and referred to the Committee on Labor -- recom-
   mitted  to  the Committee on Labor in accordance with Assembly Rule 3,
   sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT to amend the workers' compensation law, in relation to discrimi-
   nation and retaliation against employees
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 120 of the workers' compensation law, as amended by
 chapter  61  of  the  laws  of  1989,  the section heading as amended by
 section 31 of part SS of chapter 54 of the laws of 2016 and the  opening
 paragraph  as  amended by chapter 105 of the laws of 2019, is amended to
 read as follows:
   § 120. Discrimination AND RETALIATION against employees. It  shall  be
 unlawful  for  any  employer  or  his  or  her  duly authorized agent to
 discharge or fail to reinstate pursuant to section two  hundred  three-b
 of this chapter, or in any other manner discriminate against an employee
 as  to  his  or  her employment OR RETALIATE AGAINST AN EMPLOYEE because
 such employee has claimed or attempted to claim compensation  from  such
 employer,  requested a claim form for injuries received in the course of
 employment, or claimed or attempted to claim any benefits provided under
 this chapter or because he or she has testified or is about  to  testify
 in a proceeding under this chapter and no other valid reason is shown to
 exist  for  such  action  by  the  employer. AS USED IN THIS SECTION, TO
 DISCRIMINATE OR RETALIATE AGAINST AN EMPLOYEE  INCLUDES  THREATENING  TO
 CONTACT OR CONTACTING UNITED STATES IMMIGRATION AUTHORITIES OR OTHERWISE
 REPORTING  OR  THREATENING TO REPORT AN EMPLOYEE'S SUSPECTED CITIZENSHIP
 OR IMMIGRATION STATUS OR THE SUSPECTED CITIZENSHIP OR IMMIGRATION STATUS
 OF AN EMPLOYEE'S FAMILY OR HOUSEHOLD MEMBER, AS DEFINED  IN  SUBDIVISION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11808-02-0

 A. 8147--A                          2
 
 TWO  OF SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW, TO
 A FEDERAL, STATE OR LOCAL AGENCY.
   Any  complaint  alleging such an unlawful discriminatory practice must
 be filed within two years of the commission of such practice. Upon find-
 ing that an employer has violated this section, the board shall make  an
 order  that any employee so discriminated OR RETALIATED against shall be
 restored to employment or otherwise restored to the position  or  privi-
 leges he or she would have had but for the discrimination OR RETALIATION
 and  shall be compensated by his or her employer for any loss of compen-
 sation arising out of such discrimination OR RETALIATION  together  with
 such fees or allowances for services rendered by an attorney or licensed
 representative  as  fixed  by  the board. Any employer who violates this
 section shall be liable to a penalty of not less than [one] FIVE hundred
 dollars or more than TWO THOUSAND five hundred dollars, as may be deter-
 mined by the board. All such penalties shall  be  paid  into  the  state
 treasury.  All  penalties,  compensation and fees or allowances shall be
 paid solely by the employer. The employer  alone  and  not  his  or  her
 carrier  shall be liable for such penalties and payments.  Any provision
 in an insurance policy undertaking to relieve the employer from  liabil-
 ity for such penalties and payments shall be void.
   An employer found to be in violation of this section and the aggrieved
 employee  must  report  to  the board as to the manner of the employer's
 compliance within thirty days of receipt of a  final  determination.  In
 case  of  failure  to report on compliance, or failure to comply with an
 order or penalty of the board within thirty  days  after  the  order  or
 notice  of  penalty  is  served,  except where timely application to the
 board for a modification, rescission or review of such order or  penalty
 has  been filed under section twenty-three of this chapter, the chair in
 any such case or, on the chair's consent,  any  party  may  enforce  the
 order or penalty in a like manner as an award of compensation.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.