Senate Bill S4162A

2019-2020 Legislative Session

Relates to prohibiting discrimination against police, firefighters and emergency medical technicians injured in the line of duty

download bill text pdf

Archive: Last Bill Status - In Senate Committee Labor 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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to labor
Jul 31, 2019	print number 4162a
Jul 31, 2019	amend (t) and recommit to labor
Mar 01, 2019	referred to labor

Bill Amendments

Original

A (Active)

co-Sponsors

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2019-S4162 - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §215-d, Lab L
Versions Introduced in 2017-2018 Legislative Session:: S9033

2019-S4162 - Summary

Relates to prohibiting discrimination against police, firefighters and emergency medical technicians injured in the line of duty; prohibits the city of New York and the NYC police and fire departments from penalizing members injured in the line of duty in any manner including transfer, denial of promotion, dismissal or any other actions related to a member's medical leave.

2019-S4162 - Sponsor Memo

                                
 
BILL NUMBER: S4162

SPONSOR: GOUNARDES
 
TITLE OF BILL:  An act to amend the labor law, in relation to prohib-
iting discrimination against certain police officers and firefighters
for injuries in the line of duty

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill prohibits the occupational discrimination against injured
police officers or firefighters by the City of New York, the New York
City Police Department, the Fire Department of the City of New York and
those entities' authorized agents when the injury occurred in the
performance of the police officer's or firefighter's duties.

 
SUMMARY OF PROVISIONS:

Section one of this bill adds a new section 215-d to prevent occupa-
tional discrimination in the form of transfer, reassignment, scheduling
change, adverse evaluation, constructive dismissal, the denial of a
promotion, the denial of overtime, placement in or continuation of any

program continued to monitor a member's performance or sick leave or
medical leave status, denial of any other discretionary benefit, or
denial, suspension or cancellation of any program or benefit available
to a member or members pursuant to a collective bargaining agreement or
other agreement between the City of New York or its municipal agencies
and a certified employee organization against police officers and fire-
fighters who have been injured in the performance of their duty by the
City of New York, the New York City Police Department, the Fire Depart-
ment of the City of New York and those entities' authorized agents. This
section also authorizes a grievance proceeding to those who are subject
to the actions prohibited above pursuant to the provisions of a collec-
tive bargaining agreement, if any. This section allows for a civil
action to be instituted within one year of the discovery of the actions
prohibited above or within one year of the threat to an injured police
officer or firefighter regarding the actions prohibited above, whichever
is later. The section provides for the reversal of any penalty against
an injured police officer or firefighter, the restoration of employment
in the appropriate position and wage compensation for lost wages when
the police officer or firefighter was subject to a violation of the
above prohibitions.

Section two of this bill provides that the act shall take effect imme-
diately.

 
JUSTIFICATION:

Currently, there is no explicit protection in our laws to protect our
police officers and firefighters from discrimination in the workplace
when they are injured or become ill in the line of duty and may need to
utilize their sick leave, medical leave to recover or tend to their
illness or injury. This needs to change and that is exactly what this
bill addresses.

When our first responders put their lives on the line, in the face of
danger for the public good, they should not face any penalty or reper-
cussion for their sustained injuries by the Department(s) or by the City
that they serve. Police officers' and firefighters' employment should be
protected, at the very least following an injury sustained in the line
of duty. That includes the right to maintain and utilize their benefits,
the right to work overtime, if necessary and the right to operate in
their position under normal parameters, amongst other rights and privi-
leges included in the protection of police officers' and firefighters'
employment.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S4162 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4162
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to prohibiting discrimination
   against  certain  police officers and firefighters for injuries in the
   line of duty

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The labor law is amended by adding a new section 215-d to
 read as follows:
   § 215-D. DISCRIMINATION AGAINST CERTAIN POLICE OFFICERS AND FIREFIGHT-
 ERS FOR LINE OF  DUTY  INJURIES.  1.  NOTWITHSTANDING  ANYTHING  TO  THE
 CONTRARY IN ANY OTHER LAW, RULE OR REGULATION, THE CITY OF NEW YORK, THE
 NEW  YORK CITY POLICE DEPARTMENT, THE FIRE DEPARTMENT OF THE CITY OF NEW
 YORK, AND THOSE ENTITIES' AUTHORIZED AGENTS, SHALL NOT,  IN  ANY  MANNER
 PENALIZE  OR  THREATEN  TO PENALIZE, EXPRESSLY OR IMPLIEDLY, A UNIFORMED
 MEMBER OR MEMBERS OF THE NEW YORK CITY POLICE  DEPARTMENT  OR  THE  FIRE
 DEPARTMENT  OF THE CITY OF NEW YORK, AS TO THEIR EMPLOYMENT IN A MANNER,
 INCLUDING, BUT NOT LIMITED TO, A TRANSFER,  REASSIGNMENT,  A  SCHEDULING
 CHANGE, AN ADVERSE EVALUATION, A CONSTRUCTIVE DISMISSAL, THE DENIAL OF A
 PROMOTION,  THE  DENIAL OF OVERTIME, PLACEMENT IN OR CONTINUATION OF ANY
 PROGRAM INTENDED TO MONITOR A MEMBER'S  PERFORMANCE  OR  SICK  LEAVE  OR
 MEDICAL  LEAVE  STATUS,  DENIAL  OF  ANY OTHER DISCRETIONARY BENEFIT, OR
 DENIAL, SUSPENSION OR CANCELLATION OF ANY PROGRAM OR  BENEFIT  AVAILABLE
 TO  A MEMBER OR MEMBERS PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT OR
 OTHER AGREEMENT BETWEEN THE CITY OF NEW YORK OR ITS  MUNICIPAL  AGENCIES
 AND A CERTIFIED EMPLOYEE ORGANIZATION, BASED IN WHOLE OR IN PART ON SUCH
 MEMBERS' ILLNESS OR INJURY INCURRED IN THE LINE OF DUTY, OR DUTY STATUS,
 SICK  LEAVE  STATUS,  MEDICAL  LEAVE STATUS, OR NUMBER OF OCCURRENCES OR
 DURATION OF SICK LEAVE OR MEDICAL LEAVE,  RELATING  TO  ANY  ILLNESS  OR
 INJURY INCURRED IN THE LINE OF DUTY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10032-01-9

 S. 4162                             2
 
   2.  ANY  MEMBER  OR MEMBERS PENALIZED OR THREATENED TO BE PENALIZED IN
 VIOLATION OF SUBDIVISION ONE OF THIS SECTION MAY CAUSE TO BE  INSTITUTED
 A  GRIEVANCE  PROCEEDING  PURSUANT  TO  THE  PROVISIONS  OF A COLLECTIVE
 BARGAINING AGREEMENT, IF ANY, OR MAY INSTITUTE A CIVIL ACTION IN A COURT
 OF  COMPETENT  JURISDICTION WITHIN ONE YEAR AFTER THE ALLEGED PENALTY OR
 THREAT OF PENALTY TOOK PLACE, OR WAS OTHERWISE DISCOVERED BY THE  MEMBER
 OR  MEMBERS,  WHICHEVER  IS  LATER.  ANY  MEMBER OR MEMBERS PENALIZED IN
 VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL HAVE ANY SUCH PENALTY
 REVERSED, SHALL BE RESTORED TO THEIR  PREVIOUSLY  ASSIGNED  POSITION  OF
 EMPLOYMENT  AND  SHALL  BE COMPENSATED BY THEIR EMPLOYER FOR ANY LOSS OF
 WAGES ARISING FROM SUCH  PENALTY;  PROVIDED,  THAT  IF  SUCH  MEMBER  OR
 MEMBERS  SHALL  CEASE  TO  BE  QUALIFIED  TO PERFORM THE DUTIES OF THEIR
 EMPLOYMENT THEY SHALL NOT BE ENTITLED TO BE RESTORED TO THEIR PREVIOUSLY
 ASSIGNED POSITION OF EMPLOYMENT.
   § 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2019-S4162A (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §215-d, Lab L
Versions Introduced in 2017-2018 Legislative Session:: S9033

2019-S4162A (ACTIVE) - Summary

2019-S4162A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4162A

SPONSOR: GOUNARDES
 
TITLE OF BILL:  An act to amend the labor law, in relation to prohib-
iting discrimination against certain police officers, firefighters and
emergency medical technicians for injuries in the line of duty

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill prohibits the occupational discrimination against injured
police officers, firefighters, and EMTs by the City of New York, the New
York City Police Department, the Fire Department of the City of New York
and those entities' authorized agents when the injury occurred in the
performance of the police officer's or firefighter's duties.

 
SUMMARY OF PROVISIONS:

Section one of this bill adds a new section 215-d to prevent occupa-
tional discrimination in the form of transfer, reassignment, scheduling
change, adverse evaluation, constructive dismissal, the denial of a
promotion, the denial of overtime, placement in or continuation of any

program continued to monitor a member's performance or sick leave or
medical leave status, denial of any other discretionary benefit, or
denial, suspension or cancellation of any program or benefit available
to a member or members pursuant to a collective bargaining agreement or
other agreement between the City of New York or its municipal agencies
and a certified employee organization against police officers, fire-
fighters and EMTs who have been injured in the performance of their duty
by the City of New York, the New York City Police Department, the Fire
Department of the City of New York and those entities' authorized
agents. This section also authorizes a grievance proceeding to those who
are subject to the actions prohibited above pursuant to the provisions
of a collective bargaining agreement, if any. This section allows for a
civil action to be instituted within one year of the discovery of the
actions prohibited above or within one year of the threat to an injured
police officer, firefighter or EMT regarding the actions prohibited
above, whichever is later. The section provides for the reversal of any
penalty against an injured police officer, firefighter, or EMT the
restoration of employment in the appropriate position and wage compen-
sation for lost wages when the police officer, firefighter, or EMT was
subject to a violation of the above prohibitions.

Section two of this bill provides that the act shall take effect imme-
diately.

 
JUSTIFICATION:

Currently, there is no explicit protection in our laws to protect police
officers, firefighters, and FDNY EMS titles (paramedics and EMTs) from
discrimination in the workplace when they are injured or become ill in
the line of duty and may need to utilize their sick leave, medical leave
to recover or tend to their illness or injury.  This needs to change and
that is exactly what this bill addresses.

When our first responders put their lives on the line in the face of
danger for the public good they should not face any penalty or repercus-
sion for their sustained injuries by the Department(s) or by the City
that they serve. The continued employment of police officers, firefight-
ers, and FDNY EMS officers needs to be protected following an injury
sustained in the line of duty. That includes the right to maintain and
utilize their benefits, the right to work overtime if necessary, and the
right to operate in their position under normal parameters, amongst
other rights and privileges included in the protection of police offi-
cers', firefighters' and FDNY EMS officers' employment.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S4162A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4162--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2019
                                ___________
 
 Introduced by Sens. GOUNARDES, COMRIE, GAUGHRAN, KAMINSKY, KAPLAN, SAVI-
   NO -- read twice and ordered printed, and when printed to be committed
   to  the  Committee  on  Labor  --  committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the labor law, in relation to prohibiting discrimination
   against certain police officers, firefighters  and  emergency  medical
   technicians for injuries in the line of duty
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The labor law is amended by adding a new section  215-d  to
 read as follows:
   §  215-D. DISCRIMINATION AGAINST CERTAIN POLICE OFFICERS, FIREFIGHTERS
 AND EMERGENCY MEDICAL TECHNICIANS FOR LINE OF DUTY INJURIES. 1. AS  USED
 IN  THIS  SECTION  "EMERGENCY  MEDICAL  TECHNICIAN"  SHALL MEAN A PERSON
 EMPLOYED BY THE FIRE DEPARTMENT OF THE CITY OF NEW YORK IN A TITLE WHOSE
 DUTIES ARE THOSE OF AN EMERGENCY MEDICAL TECHNICIAN OR ADVANCED EMERGEN-
 CY MEDICAL TECHNICIAN, AS THOSE TERMS ARE DEFINED IN SECTION THREE THOU-
 SAND ONE OF THE PUBLIC HEALTH LAW, OR WHOSE DUTIES  REQUIRE  THE  DIRECT
 SUPERVISION  OF  SUCH  EMPLOYEES  WHOSE DUTIES ARE THOSE OF AN EMERGENCY
 MEDICAL TECHNICIAN OR ADVANCED EMERGENCY MEDICAL TECHNICIAN.
   2. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN ANY OTHER LAW, RULE  OR
 REGULATION,  THE  CITY OF NEW YORK, THE NEW YORK CITY POLICE DEPARTMENT,
 THE FIRE DEPARTMENT OF THE CITY OF NEW YORK, AND THOSE ENTITIES' AUTHOR-
 IZED AGENTS, SHALL NOT, IN ANY MANNER PENALIZE OR THREATEN TO  PENALIZE,
 EXPRESSLY  OR  IMPLIEDLY,  A UNIFORMED MEMBER OR MEMBERS OF THE NEW YORK
 CITY POLICE DEPARTMENT OR THE FIRE DEPARTMENT OF THE CITY OF  NEW  YORK,
 INCLUDING  EMERGENCY  MEDICAL  TECHNICIANS,  AS TO THEIR EMPLOYMENT IN A
 MANNER, INCLUDING, BUT NOT LIMITED TO, A TRANSFER, REASSIGNMENT, A SCHE-
 DULING CHANGE, AN ADVERSE  EVALUATION,  A  CONSTRUCTIVE  DISMISSAL,  THE
 DENIAL OF A PROMOTION, THE DENIAL OF OVERTIME, PLACEMENT IN OR CONTINUA-
 TION  OF  ANY PROGRAM INTENDED TO MONITOR A MEMBER'S PERFORMANCE OR SICK
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10032-02-9

 S. 4162--A                          2
 
 LEAVE OR MEDICAL LEAVE STATUS, DENIAL OF ANY OTHER  DISCRETIONARY  BENE-
 FIT,  OR  DENIAL,  SUSPENSION  OR CANCELLATION OF ANY PROGRAM OR BENEFIT
 AVAILABLE TO A MEMBER OR MEMBERS PURSUANT  TO  A  COLLECTIVE  BARGAINING
 AGREEMENT OR OTHER AGREEMENT BETWEEN THE CITY OF NEW YORK OR ITS MUNICI-
 PAL AGENCIES AND A CERTIFIED EMPLOYEE ORGANIZATION, BASED IN WHOLE OR IN
 PART ON SUCH MEMBERS' ILLNESS OR INJURY INCURRED IN THE LINE OF DUTY, OR
 DUTY  STATUS,  SICK  LEAVE  STATUS,  MEDICAL  LEAVE STATUS, OR NUMBER OF
 OCCURRENCES OR DURATION OF SICK LEAVE OR MEDICAL LEAVE, RELATING TO  ANY
 ILLNESS OR INJURY INCURRED IN THE LINE OF DUTY.
   3.  ANY  MEMBER  OR MEMBERS PENALIZED OR THREATENED TO BE PENALIZED IN
 VIOLATION OF SUBDIVISION ONE OF THIS SECTION MAY CAUSE TO BE  INSTITUTED
 A  GRIEVANCE  PROCEEDING  PURSUANT  TO  THE  PROVISIONS  OF A COLLECTIVE
 BARGAINING AGREEMENT, IF ANY, OR MAY INSTITUTE A CIVIL ACTION IN A COURT
 OF COMPETENT JURISDICTION WITHIN ONE YEAR AFTER THE ALLEGED  PENALTY  OR
 THREAT  OF PENALTY TOOK PLACE, OR WAS OTHERWISE DISCOVERED BY THE MEMBER
 OR MEMBERS, WHICHEVER IS LATER.  ANY  MEMBER  OR  MEMBERS  PENALIZED  IN
 VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL HAVE ANY SUCH PENALTY
 REVERSED,  SHALL  BE  RESTORED  TO THEIR PREVIOUSLY ASSIGNED POSITION OF
 EMPLOYMENT AND SHALL BE COMPENSATED BY THEIR EMPLOYER FOR  ANY  LOSS  OF
 WAGES  ARISING  FROM  SUCH  PENALTY;  PROVIDED,  THAT  IF SUCH MEMBER OR
 MEMBERS SHALL CEASE TO BE QUALIFIED  TO  PERFORM  THE  DUTIES  OF  THEIR
 EMPLOYMENT THEY SHALL NOT BE ENTITLED TO BE RESTORED TO THEIR PREVIOUSLY
 ASSIGNED POSITION OF EMPLOYMENT.
   § 2. This act shall take effect immediately.

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Senate Bill S4162A

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

Actions

Bill Amendments

co-Sponsors

2019-S4162 - Details

2019-S4162 - Summary

2019-S4162 - Sponsor Memo

2019-S4162 - Bill Text download pdf

co-Sponsors

2019-S4162A (ACTIVE) - Details

2019-S4162A (ACTIVE) - Summary

2019-S4162A (ACTIVE) - Sponsor Memo

2019-S4162A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

Actions

Bill Amendments

co-Sponsors

2019-S4162 - Details

2019-S4162 - Summary

2019-S4162 - Sponsor Memo

2019-S4162 - Bill Text download pdf

co-Sponsors

2019-S4162A (ACTIVE) - Details

2019-S4162A (ACTIVE) - Summary

2019-S4162A (ACTIVE) - Sponsor Memo

2019-S4162A (ACTIVE) - Bill Text download pdf

Comments