Senate Bill S8538

2021-2022 Legislative Session

Relates to prohibiting discrimination against police and firefighters injured in the line of duty

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

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2021-S8538 (ACTIVE) - Details

See Assembly Version of this Bill:
A9318
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §215-d, Lab L
Versions Introduced in Other Legislative Sessions:
2017-2018: A11259
2019-2020: A7641
2023-2024: A7198

2021-S8538 (ACTIVE) - Summary

Relates to prohibiting discrimination against police and firefighters injured in the line of duty; prohibits the City of New York and the NYC police and fire departments from penalizing members injured in the line of duty in any manner including transfer, denial of promotion, dismissal or any other actions related to a member's medical leave.

2021-S8538 (ACTIVE) - Sponsor Memo

2021-S8538 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8538
 
                             I N  S E N A T E
 
                               March 9, 2022
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed 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.
              

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