S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11259
 
                           I N  A S S E M B L Y
 
                               July 25, 2018
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Abbate) --
   read once and referred to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to prohibiting discrimination
   against certain police officers and firefighters for injuries  in  the
   line of duty
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The labor law is amended by adding a new section  215-d  to
 read as follows:
   § 215-D. DISCRIMINATION AGAINST CERTAIN POLICE OFFICERS AND FIREFIGHT-
 ERS  FOR  LINE  OF  DUTY  INJURIES.  1.  NOTWITHSTANDING ANYTHING TO THE
 CONTRARY IN ANY OTHER LAW, RULE OR REGULATION, THE CITY OF NEW YORK, THE
 NEW YORK CITY POLICE DEPARTMENT, THE FIRE DEPARTMENT OF THE CITY OF  NEW
 YORK,  AND  THOSE  ENTITIES' AUTHORIZED AGENTS, SHALL NOT, IN ANY MANNER
 PENALIZE OR THREATEN TO PENALIZE, EXPRESSLY OR  IMPLIEDLY,  A  UNIFORMED
 MEMBER  OR  MEMBERS  OF  THE NEW YORK CITY POLICE DEPARTMENT OR THE FIRE
 DEPARTMENT OF THE CITY OF NEW YORK, AS TO THEIR EMPLOYMENT IN A  MANNER,
 INCLUDING,  BUT  NOT  LIMITED TO, A TRANSFER, REASSIGNMENT, A SCHEDULING
 CHANGE, AN ADVERSE EVALUATION, A CONSTRUCTIVE DISMISSAL, THE DENIAL OF A
 PROMOTION, THE DENIAL OF OVERTIME, PLACEMENT IN OR CONTINUATION  OF  ANY
 PROGRAM  INTENDED  TO  MONITOR  A  MEMBER'S PERFORMANCE OR SICK LEAVE OR
 MEDICAL LEAVE STATUS, DENIAL OF  ANY  OTHER  DISCRETIONARY  BENEFIT,  OR
 DENIAL,  SUSPENSION  OR CANCELLATION OF ANY PROGRAM OR BENEFIT AVAILABLE
 TO A MEMBER OR MEMBERS PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT  OR
 OTHER  AGREEMENT  BETWEEN THE CITY OF NEW YORK OR ITS MUNICIPAL AGENCIES
 AND A CERTIFIED EMPLOYEE ORGANIZATION, BASED IN WHOLE OR IN PART ON SUCH
 MEMBERS' ILLNESS OR INJURY INCURRED IN THE LINE OF DUTY, OR DUTY STATUS,
 SICK LEAVE STATUS, MEDICAL LEAVE STATUS, OR  NUMBER  OF  OCCURRENCES  OR
 DURATION  OF  SICK  LEAVE  OR  MEDICAL LEAVE, RELATING TO ANY ILLNESS OR
 INJURY INCURRED IN THE LINE OF DUTY.
   2. ANY MEMBER OR MEMBERS PENALIZED OR THREATENED TO  BE  PENALIZED  IN
 VIOLATION  OF SUBDIVISION ONE OF THIS SECTION MAY CAUSE TO BE INSTITUTED
 A GRIEVANCE PROCEEDING  PURSUANT  TO  THE  PROVISIONS  OF  A  COLLECTIVE
 BARGAINING AGREEMENT, IF ANY, OR MAY INSTITUTE A CIVIL ACTION IN A COURT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16235-01-8

 A. 11259                            2

 OF  COMPETENT  JURISDICTION WITHIN ONE YEAR AFTER THE ALLEGED PENALTY OR
 THREAT OF PENALTY TOOK PLACE, OR WAS OTHERWISE DISCOVERED BY THE  MEMBER
 OR  MEMBERS,  WHICHEVER  IS  LATER.  ANY  MEMBER OR MEMBERS PENALIZED IN
 VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL HAVE ANY SUCH PENALTY
 REVERSED,  SHALL  BE  RESTORED  TO THEIR PREVIOUSLY ASSIGNED POSITION OF
 EMPLOYMENT AND SHALL BE COMPENSATED BY THEIR EMPLOYER FOR  ANY  LOSS  OF
 WAGES  ARISING  FROM  SUCH  PENALTY;  PROVIDED,  THAT  IF SUCH MEMBER OR
 MEMBERS SHALL CEASE TO BE QUALIFIED  TO  PERFORM  THE  DUTIES  OF  THEIR
 EMPLOYMENT THEY SHALL NOT BE ENTITLED TO BE RESTORED TO THEIR PREVIOUSLY
 ASSIGNED POSITION OF EMPLOYMENT.
   § 2. This act shall take effect immediately.