Assembly Bill A8147A

2019-2020 Legislative Session

Relates to discrimination and retaliation against employees who claim workers' compensation benefits

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2019-A8147 - Details

See Senate Version of this Bill:
S8775
Current Committee:
Senate Rules
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §120, Work Comp L
Versions Introduced in Other Legislative Sessions:
2021-2022: A6775, S3732
2023-2024: S1488

2019-A8147 - Summary

Relates to discrimination and retaliation against employees who claim workers' compensation benefits.

2019-A8147 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8147
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 4, 2019
                                ___________
 
 Introduced by M. of A. PICHARDO -- read once and referred to the Commit-
   tee on Labor
 
 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 and the opening
 paragraph as amended by section 31 of part SS of chapter 54 of the  laws
 of 2016, 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, 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2019-A8147A (ACTIVE) - Details

See Senate Version of this Bill:
S8775
Current Committee:
Senate Rules
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §120, Work Comp L
Versions Introduced in Other Legislative Sessions:
2021-2022: A6775, S3732
2023-2024: S1488

2019-A8147A (ACTIVE) - Summary

Relates to discrimination and retaliation against employees who claim workers' compensation benefits.

2019-A8147A (ACTIVE) - Bill Text download pdf

                            
 
                     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.
              

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