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This entry was published on 2014-09-22
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Discrimination against employees for displaying the American flag
§ 215-c. Discrimination against employees for displaying the American
flag. 1. No employer, public or private, or such employer's duly
authorized agent shall discharge or discriminate against any employee in
compensation or in terms, conditions or privileges of employment for
displaying an American flag on the employee's person or work station,
provided such display physically does not substantially or materially
interfere with the employee's job duties. If after investigation the
commissioner finds that an employer has violated any provision of this
section, the commissioner may, by an order which shall describe
particularly the nature of the violation, assess the employer a civil
penalty of not less than two hundred nor more than two thousand dollars.
Notwithstanding the provisions of section two hundred thirteen of this
chapter, the penalties set forth in this section shall be the exclusive
remedies available for violations of this section.

2. An employee may bring a civil action in a court of competent
jurisdiction against any employer or persons alleged to have violated
the provisions of this section. The court shall have jurisdiction to
restrain violations of this section, within two years after such
violation, and to order all appropriate relief, including rehiring or
reinstatement of the employee to his former position with restoration of
seniority, payment of lost compensation, damages, and reasonable
attorneys' fees. At or before the commencement of any action under this
section, notice thereof shall be served upon the attorney general by the