Senate Bill S5770

2021-2022 Legislative Session

Establishes the crime of illegal employee retaliation

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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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2021-S5770 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §240.24, Pen L

2021-S5770 (ACTIVE) - Summary

Establishes the crime of illegal employee retaliation which makes it a class A misdemeanor for a person to share confidential information within an employee's personnel file with a third party with the intent to harass, intimidate or embarrass such employee and such employee has not consented to the sharing of such information.

2021-S5770 (ACTIVE) - Sponsor Memo

2021-S5770 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5770
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 18, 2021
                                ___________
 
 Introduced  by Sens. JORDAN, BOYLE, HELMING, ORTT, RITCHIE, SERINO, WEIK
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Codes
 
 AN ACT to amend the penal law, in relation to establishing the crime  of
   illegal employee retaliation

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The penal law is amended by adding a new section 240.24  to
 read as follows:
 § 240.24 ILLEGAL EMPLOYEE RETALIATION.
   1.  A PERSON IS GUILTY OF ILLEGAL EMPLOYEE RETALIATION WHEN HE OR SHE,
 WITH INTENT TO HARASS,  INTIMIDATE  OR  EMBARRASS  AN  EMPLOYEE,  SHARES
 CONFIDENTIAL  INFORMATION  WITHIN  SUCH EMPLOYEE'S PERSONNEL FILE WITH A
 THIRD PARTY AND SUCH EMPLOYEE HAS NOT  AFFIRMATIVELY  CONSENTED  TO  THE
 SHARING OF THE CONFIDENTIAL INFORMATION.
   2. FOR THE PURPOSES OF THIS SECTION, IT SHALL NOT BE UNLAWFUL TO SHARE
 CONFIDENTIAL INFORMATION WITHIN AN EMPLOYEE'S PERSONNEL FILE IF IT IS TO
 COMPLY WITH A LAW ENFORCEMENT INVESTIGATION OR COURT PROCEEDING.
   ILLEGAL EMPLOYEE RETALIATION IS A CLASS A MISDEMEANOR.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10488-02-1

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