§ 880. Employees' rights.
1.Employees or their representatives may\nrequest in writing from employers and shall receive all information\nrelating to toxic substances set forth in subdivision three of section\neight hundred seventy-eight of this article.\n 2. If an employee has requested information about a substance pursuant\nto subdivision seven of section eight hundred seventy-six of this\narticle, and has not received information within the time allowed\ntherein, the employee may not be required to work with such substance.\n 3. No employer shall discharge, or cause to be discharged, or\notherwise discipline, or in any manner discriminate against any employee\nbecause such employee has filed any complaint or has instituted, or\ncaused to be instituted, any proceeding under or relat
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§ 880. Employees' rights. 1. Employees or their representatives may\nrequest in writing from employers and shall receive all information\nrelating to toxic substances set forth in subdivision three of section\neight hundred seventy-eight of this article.\n 2. If an employee has requested information about a substance pursuant\nto subdivision seven of section eight hundred seventy-six of this\narticle, and has not received information within the time allowed\ntherein, the employee may not be required to work with such substance.\n 3. No employer shall discharge, or cause to be discharged, or\notherwise discipline, or in any manner discriminate against any employee\nbecause such employee has filed any complaint or has instituted, or\ncaused to be instituted, any proceeding under or related to the\nprovisions of this article, or has testified, or is about to testify, in\nany such proceeding, or because of the exercise of any right afforded\npursuant to the provisions of this article on such employee's behalf or\non the behalf of others, nor shall any pay, position, seniority, or\nother benefits be lost for exercise of any right provided by this\narticle.\n 4. Any employee who believes that he or she has been discharged,\ndisciplined, or otherwise discriminated against by any person in\nviolation of this section may, within thirty days after such violation\noccurs or thirty days after the employee first obtains knowledge that a\nviolation did occur, file a complaint with the industrial commissioner\nalleging such discrimination. Upon receipt of such complaint, the\nindustrial commissioner shall cause such investigation to be made as he\ndeems appropriate. If upon such investigation, the industrial\ncommissioner determines that the provisions of this section have been\nviolated, he shall request the attorney general to bring an action in\nsupreme court against the person or persons alleged to have violated the\nprovisions of this section. In any such action the supreme court shall\nhave jurisdiction to restrain violations of this section and to order\nall appropriate relief, including but not limited to civil penalties as\nset forth in section eight hundred eighty-two of this article, hiring,\nrehiring or reinstatement of the employee in employment together with\nthe payment of any compensation otherwise actually lost as a result of\nsuch violation.\n 5. Within ninety days of the receipt of a complaint filed under this\nsection the industrial commissioner shall notify the complainant and his\nrepresentative by registered mail of his determination.\n 6. Any waiver by an employee or applicant for employment of the\nbenefits or requirements of this article shall be against public policy\nand be null and void.\n 7. Any employer's request or requirement that an employee waive any\nrights under this article as a condition of employment shall constitute\nan act of discrimination.\n