Legislation
SECTION 861-F
Retaliation
Labor (LAB) CHAPTER 31, ARTICLE 25-B
§ 861-f. Retaliation. 1. It is a violation of this article for an
employer or any agent of any employer, to retaliate through discharge or
in any other manner against any person in the terms of conditions of his
or her employment for exercising any rights granted under this article
for:
(a) making, or threatening to make, a complaint to an employer,
co-worker or to a public body that rights guaranteed under this article
have been violated;
(b) causing to be instituted any proceeding under or related to this
article; or
(c) providing information to, or testifying before, any public body
conducting an investigation, hearing or inquiry into any such violation
of a law, rule or regulation by such employer. Nothing in this section
shall limit the commissioner's authority under section two hundred
fifteen of the labor law, or any other statute.
2. Any act of retaliation under this section shall subject an employer
to the civil penalties under section eight hundred sixty-one-e of this
article, or to a private cause of action, or both.
employer or any agent of any employer, to retaliate through discharge or
in any other manner against any person in the terms of conditions of his
or her employment for exercising any rights granted under this article
for:
(a) making, or threatening to make, a complaint to an employer,
co-worker or to a public body that rights guaranteed under this article
have been violated;
(b) causing to be instituted any proceeding under or related to this
article; or
(c) providing information to, or testifying before, any public body
conducting an investigation, hearing or inquiry into any such violation
of a law, rule or regulation by such employer. Nothing in this section
shall limit the commissioner's authority under section two hundred
fifteen of the labor law, or any other statute.
2. Any act of retaliation under this section shall subject an employer
to the civil penalties under section eight hundred sixty-one-e of this
article, or to a private cause of action, or both.