|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 30, 2021||referred to labor|
senate Bill S3732
Current Bill Status - In Senate Committee Labor Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3732 (ACTIVE) - Details
S3732 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3732 SPONSOR: COMRIE TITLE OF BILL: An act to amend the workers' compensation law, in relation to discrimi- nation and retaliation against employees PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to update the penalties for discriminating or retaliating against an employee for exercising his or her rights under .the Workers' Compensation Law and would make it explicit that such discrimination or retaliation includes threatening to contact immi- gration authorities. SUMMARY OF PROVISIONS: Section 1 of the bill would clarify that discriminating or retaliating against an employee for claiming or attempting to claim compensation or other benefits under the Workers' Compensation Law shall include threat-
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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