BILL NUMBER: S8538

SPONSOR: GOUNARDES
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill prohibits the occupational discrimination against injured
police officers, firefighters, and EMTs by 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 when the injury occurred in the
performance of the police officer's or firefighter's duties.

 
SUMMARY OF PROVISIONS:

Section one of this bill adds a new section 215-d to prevent occupa-
tional discrimination in the form of transfer, reassignment, scheduling
change, adverse evaluation, constructive dismissal, the denial of a
              

promotion, the denial of overtime, placement in or continuation of any
program continued 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 against police officers, fire-
fighters and EMTs who have been injured in the performance of their duty
by 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. This section also authorizes a grievance proceeding to those who
are subject to the actions prohibited above pursuant to the provisions
of a collective bargaining agreement, if any. This section allows for a
civil action to be instituted within one year of the discovery of the
actions prohibited above or within one year of the threat to an injured
police officer, firefighter or EMT regarding the actions prohibited
above, whichever is later. The section provides for the reversal of any
penalty against an injured police officer, firefighter, or EMT, the
restoration of employment in the appropriate position and wage compen-
sation for lost wages when the police officer, firefighter, or EMT was
subject to a violation of the above prohibitions.

Section two of this bill provides that the act shall take effect imme-
diately.

 
JUSTIFICATION:

Currently, there is no explicit protection in our laws to protect police
officers, firefighters, and FDNY EMS titles (paramedics and EMTs) from
discrimination in the workplace when they are injured or become ill in
the line of duty and may need to utilize their sick leave or medical
leave to recover or tend to their illness or injury.  This needs to
change and that is exactly what this bill addresses.

When our first responders put their lives on the line in the face of
danger for the public good they should not face any penalty or repercus-
sion for their sustained injuries by the Department(s) or the City that
they serve. The continued employment of police officers, firefighters,
and FDNY EMS officers needs to be protected following an injury
sustained in the line of duty. That includes the right to maintain and
utilize their benefits, the right to work overtime if necessary, and the
right to operate in their position under normal parameters, amongst
other rights and privileges included in the protection of police offi-
cers', firefighters' and FDNY EMS officers' employment.

 
PRIOR LEGISLATIVE HISTORY:

2020: S4162A - Referred to Labor

2019: S4162A - Referred to Labor

2018: S9033 - Referred to Rules

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.