§ 201-d. Discrimination against the engagement in certain activities.
1. Definitions. As used in this section:

a. "Political activities" shall mean (i) running for public office,
(ii) campaigning for a candidate for public office, or (iii)
participating in fund-raising activities for the benefit of a candidate,
political party or political advocacy group;

b. "Recreational activities" shall mean any lawful, leisure-time
activity, for which the employee receives no compensation and which is
generally engaged in for recreational purposes, including but not
limited to sports, games, hobbies, exercise, reading and the viewing of
television, movies and similar material;

c. "Work hours" shall mean, for purposes of this section, all time,
including paid and unpaid breaks and meal periods, that the employee is
suffered, permitted or expected to be engaged in work, and all time the
employee is actually engaged in work. This definition shall not be
referred to in determining hours worked for which an employee is
entitled to compensation under any law including article nineteen of
this chapter;

d. "Political matters" shall mean matters relating to elections for
political office, political parties, legislation, regulation and the
decision to join or support any political party or political, civic,
community, fraternal or labor organization;

e. "Religious matters" shall mean matters relating to religious
affiliation and practice and the decision to join or support any
religious organization or association.

2. Unless otherwise provided by law, it shall be unlawful for any
employer or employment agency to refuse to hire, employ or license, or
to discharge from employment or otherwise discriminate against an
individual in compensation, promotion or terms, conditions or privileges
of employment because of:

a. an individual's political activities outside of working hours, off
of the employer's premises and without use of the employer's equipment
or other property, if such activities are legal, provided, however, that
this paragraph shall not apply to persons whose employment is defined in
paragraph six of subdivision (a) of section seventy-nine-h of the civil
rights law, and provided further that this paragraph shall not apply to
persons who would otherwise be prohibited from engaging in political
activity pursuant to chapter 15 of title 5 and subchapter III of chapter
73 of title 5 of the USCA;

b. an individual's legal use of consumable products, including
cannabis in accordance with state law, prior to the beginning or after
the conclusion of the employee's work hours, and off of the employer's
premises and without use of the employer's equipment or other property;

c. an individual's legal recreational activities, including cannabis
in accordance with state law, outside work hours, off of the employer's
premises and without use of the employer's equipment or other property;

d. an individual's membership in a union or any exercise of rights
granted under Title 29, USCA, Chapter 7 or under article fourteen of the
civil service law; or

e. an individual's refusal to: (i) attend an employer-sponsored
meeting with the employer or its agent, representative or designee, the
primary purpose of which is to communicate the employer's opinion
concerning religious or political matters; or (ii) listen to speech or
view communications, the primary purpose of which is to communicate the
employer's opinion concerning religious or political matters.

3. The provisions of subdivision two of this section shall not be
deemed to protect activity which:

a. creates a material conflict of interest related to the employer's
trade secrets, proprietary information or other proprietary or business
interest;

b. with respect to employees of a state agency as defined in sections
seventy-three and seventy-four of the public officers law respectively,
is in knowing violation of subdivision two, three, four, five, seven,
eight or twelve of section seventy-three or of section seventy-four of
the public officers law, or of any executive order, policy, directive,
or other rule which has been issued by the attorney general regulating
outside employment or activities that could conflict with employees'
performance of their official duties;

c. with respect to employees of any employer as defined in section
twenty-seven-a of this chapter, is in knowing violation of a provision
of a collective bargaining agreement concerning ethics, conflicts of
interest, potential conflicts of interest, or the proper discharge of
official duties;

d. with respect to employees of any employer as defined in section
twenty-seven-a of this chapter who are not subject to section
seventy-three or seventy-four of the public officers law, is in knowing
violation of article eighteen of the general municipal law or any local
law, administrative code provision, charter provision or rule or
directive of the mayor or any agency head of a city having a population
of one million or more, where such law, code provision, charter
provision, rule or directive concerns ethics, conflicts of interest,
potential conflicts of interest, or the proper discharge of official
duties and otherwise covers such employees; and

e. with respect to employees other than those of any employer as
defined in section twenty-seven-a of this chapter, violates a collective
bargaining agreement or a certified or licensed professional's
contractual obligation to devote his or her entire compensated working
hours to a single employer, provided however that the provisions of this
paragraph shall apply only to professionals whose compensation is at
least fifty thousand dollars for the year nineteen hundred ninety-two
and in subsequent years is an equivalent amount adjusted by the same
percentage as the annual increase or decrease in the consumer price
index.

4. Notwithstanding the provisions of subdivision three of this
section, an employer shall not be in violation of this section where the
employer takes action based on the belief either that: (i) the
employer's actions were required by statute, regulation, ordinance or
other governmental mandate, (ii) the employer's actions were permissible
pursuant to an established substance abuse or alcohol program or
workplace policy, professional contract or collective bargaining
agreement, or (iii) the individual's actions were deemed by an employer
or previous employer to be illegal or to constitute habitually poor
performance, incompetency or misconduct.

4-a. Notwithstanding the provisions of subdivision three or four of
this section, an employer shall not be in violation of this section
where the employer takes action related to the use of cannabis based on
the following:

(i) the employer's actions were required by state or federal statute,
regulation, ordinance, or other state or federal governmental mandate;

(ii) the employee is impaired by the use of cannabis, meaning the
employee manifests specific articulable symptoms while working that
decrease or lessen the employee's performance of the duties or tasks of
the employee's job position, or such specific articulable symptoms
interfere with an employer's obligation to provide a safe and healthy
work place, free from recognized hazards, as required by state and
federal occupational safety and health law; or

(iii) the employer's actions would require such employer to commit any
act that would cause the employer to be in violation of federal law or
would result in the loss of a federal contract or federal funding.

5. Nothing in this section shall apply to persons who, on an
individual basis, have a professional service contract with an employer
and the unique nature of the services provided is such that the employer
shall be permitted, as part of such professional service contract, to
limit the off-duty activities which may be engaged in by such
individual.

6. Nothing in this section shall prohibit an organization or employer
from offering, imposing or having in effect a health, disability or life
insurance policy that makes distinctions between employees for the type
of coverage or the price of coverage based upon the employees'
recreational activities or use of consumable products, provided that
differential premium rates charged employees reflect a differential cost
to the employer and that employers provide employees with a statement
delineating the differential rates used by the carriers providing
insurance for the employer, and provided further that such distinctions
in type or price of coverage shall not be utilized to expand, limit or
curtail the rights or liabilities of any party with regard to a civil
cause of action.

7. a. Where a violation of this section is alleged to have occurred,
the attorney general may apply in the name of the people of the state of
New York for an order enjoining or restraining the commission or
continuance of the alleged unlawful acts. In any such proceeding, the
court may impose a civil penalty in the amount of three hundred dollars
for the first violation and five hundred dollars for each subsequent
violation.

b. In addition to any other penalties or actions otherwise applicable
pursuant to this chapter, where a violation of this section is alleged
to have occurred, an aggrieved individual may commence an action for
equitable relief and damages.

8. Nothing in this section shall prohibit: (i) an employer or its
agent, representative or designee from communicating to its employees
any information that the employer is required by law to communicate, but
only to the extent of such legal requirement; (ii) an employer or its
agent, representative or designee from communicating to its employees
any information that is necessary for such employees to perform their
job duties; (iii) an institution of higher education, or any agent,
representative or designee of such institution, from meeting with or
participating in any communications with its employees that are part of
coursework, any symposia or an academic program at such institution;
(iv) casual conversations between employees or between an employee and
an agent, representative or designee of an employer, provided
participation in such conversations is not required; or (v) a
requirement limited to the employer's managerial and supervisory
employees.

9. The provisions of this section shall not apply to a religious
corporation, entity, association, educational institution or society
that is exempt from the requirements of Title VII of the Civil Rights
Act of 1964 pursuant to 42 USC 2000e-1(a) with respect to speech on
religious matters to employees who perform work connected with the
activities undertaken by such religious corporation, entity,
association, educational institution or society.

10. Every employer shall post a sign in every workplace at the
location or locations where notices to employees are normally posted, to
inform employees of their rights pursuant to this section.