2012 New York Consolidated Laws
LAB - Labor
Article 7 - (200 - 219-C) GENERAL PROVISIONS
215-C - Discrimination against employees for displaying the American flag.


NY Lab L § 215-C (2012) What's This?
 
    §  215-c. Discrimination against employees for displaying the American
  flag. 1. No  employer,  public  or  private,  or  such  employer's  duly
  authorized agent shall discharge or discriminate against any employee in
  compensation  or  in  terms,  conditions or privileges of employment for
  displaying an American flag on the employee's person  or  work  station,
  provided  such  display  physically does not substantially or materially
  interfere with the employee's job duties.  If  after  investigation  the
  commissioner  finds  that an employer has violated any provision of this
  section,  the  commissioner  may,  by  an  order  which  shall  describe
  particularly  the  nature  of the violation, assess the employer a civil
  penalty of not less than two hundred nor more than two thousand dollars.
  Notwithstanding the provisions of section two hundred thirteen  of  this
  chapter,  the penalties set forth in this section shall be the exclusive
  remedies available for violations of this section.
    2. An employee may bring a  civil  action  in  a  court  of  competent
  jurisdiction  against  any  employer or persons alleged to have violated
  the provisions of this section. The court  shall  have  jurisdiction  to
  restrain  violations  of  this  section,  within  two  years  after such
  violation, and to order all appropriate relief,  including  rehiring  or
  reinstatement of the employee to his former position with restoration of
  seniority,   payment  of  lost  compensation,  damages,  and  reasonable
  attorneys' fees. At or before the commencement of any action under  this
  section, notice thereof shall be served upon the attorney general by the
  employee.

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