S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7641
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 14, 2019
                                ___________
 
 Introduced by M. of A. ABBATE -- read once and referred 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
              

 A. 7641                             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.