Senate Bill S2558

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2558
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 21, 2025
                                ___________
 
 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] SUCH EMPLOYER'S  duly  author-
 ized  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] THEIR employment OR RETALIATE
 AGAINST AN EMPLOYEE because such employee has claimed  or  attempted  to
 claim  compensation from such employer, requested a claim form for inju-
 ries received in the course of employment, or claimed  or  attempted  to
 claim  any  benefits  provided under this chapter or because [he or she]
 SUCH EMPLOYEE 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05024-01-5
 S. 2558                             2
              

 
   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 OR RETALIATED against shall  be
 restored  to  employment or otherwise restored to the position or privi-
 leges [he or she] SUCH EMPLOYEE would have had  but  for  the  discrimi-
 nation  OR  RETALIATION  and  shall be compensated by [his or her] THEIR
 employer for any loss of compensation arising out of such discrimination
 OR RETALIATION together  with  such  fees  or  allowances  for  services
 rendered  by  an  attorney  or  licensed  representative as fixed by the
 board. Any employer who violates this  section  shall  be  liable  to  a
 penalty  of  not  less  than [one] FIVE hundred dollars or more than TWO
 THOUSAND five hundred dollars, as may be determined by  the  board.  All
 such  penalties  shall  be  paid into the state treasury. All penalties,
 compensation and fees or allowances shall be paid solely by the  employ-
 er.  The  employer  alone  and  not [his or her] SUCH EMPLOYER'S carrier
 shall be liable for such penalties and payments.   Any provision  in  an
 insurance  policy undertaking to relieve the employer from liability for
 such penalties and payments shall be void.
   An employer found to be in violation of this section and the aggrieved
 employee must report to the board as to the  manner  of  the  employer's
 compliance  within  thirty  days of receipt of a final determination. In
 case of failure to report on compliance, or failure to  comply  with  an
 order  or  penalty  of  the  board within thirty days after the order or
 notice of penalty is served, except  where  timely  application  to  the
 board  for a modification, rescission or review of such order or penalty
 has been filed under section twenty-three of this chapter, the chair  in
 any  such  case  or,  on  the chair's consent, any party may enforce the
 order or penalty in a like manner as an award of compensation.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.