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Assembly Bill A9009

2025-2026 Legislative Session

Relates to penalties for discrimination against employees

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Current Bill Status - In Assembly Committee

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2025-A9009 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §120, Work Comp L

2025-A9009 (ACTIVE) - Summary

Increases penalties for discrimination against employees, and provides that half of such penalties go to the affected employee.

2025-A9009 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9009
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 13, 2025
                                ___________
 
 Introduced  by M. of A. VANEL -- read once and referred to the Committee
   on Labor
 
 AN ACT to amend the workers' compensation law, in relation to  penalties
   for discrimination against employees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The second undesignated paragraph of  section  120  of  the
 workers' compensation law, as amended by chapter 61 of the laws of 1989,
 is amended to read as follows:
   Any  complaint  alleging such an unlawful discriminatory practice must
 be filed within two years of the commission of such practice. Upon find-
 ing that an employer has violated this section, the board shall make  an
 order  that  any  employee so discriminated against shall be restored to
 employment or otherwise restored to the position or  privileges  [he  or
 she]  SUCH  EMPLOYEE would have had but for the discrimination and shall
 be compensated by [his or her] THEIR employer for any  loss  of  compen-
 sation  arising  out  of  such discrimination together with such fees or
 allowances for services rendered by an attorney  or  licensed  represen-
 tative  as  fixed  by  the board. Any employer who violates this section
 shall be liable to a penalty of [not less than one  hundred  dollars  or
 more than five hundred dollars, as may be determined by the board] THREE
 TIMES THE TOTAL COMPENSATION OF THE EMPLOYEE SUBJECTED TO THE VIOLATION.
 [All]  AS  USED  IN  THIS PARAGRAPH, THE TERM "TOTAL COMPENSATION" SHALL
 MEAN THE VALUE OF ALL WAGES AND BENEFITS THAT THE EMPLOYEE EARNED DURING
 THE PREVIOUS YEAR. HALF OF such penalties shall be paid into  the  state
 treasury  AND HALF SHALL BE PAID TO THE EMPLOYEE. All penalties, compen-
 sation and fees or allowances shall be paid solely by the employer.  The
 employer  alone  and  not [his or her] THEIR carrier shall be liable for
 such penalties and payments. Any provision in an insurance policy under-
 taking to relieve the employer from liability  for  such  penalties  and
 payments shall be void.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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