Assembly Bill A9318

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9318
 
                           I N  A S S E M B L Y
 
                             February 23, 2022
                                ___________
 
 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.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11435-01-1
 A. 9318                             2
 
 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.