§ 215-C — Discrimination against employees for displaying the American flag

New York § 215-C

• Jurisdiction: New York
• Law LAB: Labor
• Art. 7: General Provisions

Text

§ 215-c. Discrimination against employees for displaying the American\nflag. 1. No employer, public or private, or such employer's duly\nauthorized agent shall discharge or discriminate against any employee in\ncompensation or in terms, conditions or privileges of employment for\ndisplaying an American flag on the employee's person or work station,\nprovided such display physically does not substantially or materially\ninterfere with the employee's job duties. If after investigation the\ncommissioner finds that an employer has violated any provision of this\nsection, the commissioner may, by an order which shall describe\nparticularly the nature of the violation, assess the employer a civil\npenalty of not less than two hundred nor more than two thousand dollars.\nNotwithstanding the provisions of section two hundred thirteen of this\nchapter, the penalties set forth in this section shall be the exclusive\nremedies available for violations of this section.\n 2. An employee may bring a civil action in a court of competent\njurisdiction against any employer or persons alleged to have violated\nthe provisions of this section. The court shall have jurisdiction to\nrestrain violations of this section, within two years after such\nviolation, and to order all appropriate relief, including rehiring or\nreinstatement of the employee to his former position with restoration of\nseniority, payment of lost compensation, damages, and reasonable\nattorneys' fees. At or before the commencement of any action under this\nsection, notice thereof shall be served upon the attorney general by the\nemployee.\n