senate Bill S3732

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Labor Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 30, 2021 referred to labor

S3732 (ACTIVE) - Details

See Assembly Version of this Bill:
A6775
Current Committee:
Senate Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §120, Work Comp L
Versions Introduced in 2019-2020 Legislative Session:
S8775, A8147

S3732 (ACTIVE) - Summary

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

S3732 (ACTIVE) - Sponsor Memo

S3732 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3732
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee 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  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
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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