2013 New York Consolidated Laws
WKC - Workers' Compensation
Article 7 - (110 - 137) Miscellaneous Provisions.
120 - Discrimination against employees who bring proceedings.


NY Work Comp L § 120 (2012) What's This?
 
    §  120.  Discrimination  against  employees  who bring proceedings. It
  shall be unlawful for any employer or his or her duly  authorized  agent
  to  discharge or in any other manner discriminate against an employee as
  to his or her employment because such employee has claimed or  attempted
  to  claim  compensation  from  such  employer,  or because he or she has
  testified or is about to testify in a proceeding under this chapter  and
  no other valid reason is shown to exist for such action by the employer.
    Any  complaint  alleging such an unlawful discriminatory practice must
  be filed within two years of  the  commission  of  such  practice.  Upon
  finding that an employer has violated this section, the board shall make
  an order that any employee so discriminated against shall be restored to
  employment or otherwise restored to the position or privileges he or she
  would  have  had  but for the discrimination and shall be compensated by
  his or her employer for any loss of compensation  arising  out  of  such
  discrimination  together  with  such  fees  or  allowances  for services
  rendered by an attorney or  licensed  representative  as  fixed  by  the
  board.  Any  employer  who  violates  this  section shall be liable to a
  penalty of not less than one hundred dollars or more than  five  hundred
  dollars,  as may be determined by the board. All such penalties shall be
  paid into the state treasury.  All penalties, compensation and  fees  or
  allowances shall be paid solely by the employer.  The employer alone and
  not  his or her carrier shall be liable for such penalties and payments.
  Any provision in an insurance policy undertaking to relieve the employer
  from liability for such penalties and payments shall be void.
    An employer found to be in violation of this section and the aggrieved
  employee must report to the board as to the  manner  of  the  employer's
  compliance  within  thirty  days of receipt of a final determination. In
  case of failure to report on compliance, or failure to  comply  with  an
  order  or  penalty  of  the  board within thirty days after the order or
  notice of penalty is served, except  where  timely  application  to  the
  board  for a modification, rescission or review of such order or penalty
  has been filed under section twenty-three of this chapter, the chair  in
  any  such  case  or,  on  the chair's consent, any party may enforce the
  order or penalty in a like manner as an award of compensation.

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