Senate Bill S3732

2021-2022 Legislative Session

Relates to discrimination and retaliation against employees who claim workers' compensation benefits

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2021-S3732 (ACTIVE) - Details

Current Committee:
Senate Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §120, Work Comp L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8775
2023-2024: S1488

2021-S3732 (ACTIVE) - Summary

Relates to discrimination and retaliation against employees who claim workers' compensation benefits.

2021-S3732 (ACTIVE) - Sponsor Memo

2021-S3732 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3732
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 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  duly  authorized  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 employment OR RETALIATE  AGAINST  AN  EMPLOYEE  because
 such  employee  has claimed or attempted to claim compensation from such
 employer, requested a claim form for injuries received in the course  of
 employment, or claimed or attempted to claim any benefits provided under
 this  chapter  or because he or she 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.
   Any  complaint  alleging such an unlawful discriminatory practice must
 be filed within two years of the commission of such practice. Upon find-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.