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.
STATE OF NEW YORK
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8538
IN SENATE
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:
1 Section 1. The labor law is amended by adding a new section 215-d to
2 read as follows:
3 § 215-d. Discrimination against certain police officers and firefight-
4 ers for line of duty injuries. 1. Notwithstanding anything to the
5 contrary in any other law, rule or regulation, the City of New York, the
6 New York City police department, the fire department of the City of New
7 York, and those entities' authorized agents, shall not, in any manner
8 penalize or threaten to penalize, expressly or impliedly, a uniformed
9 member or members of the New York City police department or the fire
10 department of the City of New York, as to their employment in a manner,
11 including, but not limited to, a transfer, reassignment, a scheduling
12 change, an adverse evaluation, a constructive dismissal, the denial of a
13 promotion, the denial of overtime, placement in or continuation of any
14 program intended to monitor a member's performance or sick leave or
15 medical leave status, denial of any other discretionary benefit, or
16 denial, suspension or cancellation of any program or benefit available
17 to a member or members pursuant to a collective bargaining agreement or
18 other agreement between the City of New York or its municipal agencies
19 and a certified employee organization, based in whole or in part on such
20 members' illness or injury incurred in the line of duty, or duty status,
21 sick leave status, medical leave status, or number of occurrences or
22 duration of sick leave or medical leave, relating to any illness or
23 injury incurred in the line of duty.
24 2. Any member or members penalized or threatened to be penalized in
25 violation of subdivision one of this section may cause to be instituted
26 a grievance proceeding pursuant to the provisions of a collective
27 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.
LBD11435-01-1
S. 8538 2
1 of competent jurisdiction within one year after the alleged penalty or
2 threat of penalty took place, or was otherwise discovered by the member
3 or members, whichever is later. Any member or members penalized in
4 violation of subdivision one of this section shall have any such penalty
5 reversed, shall be restored to their previously assigned position of
6 employment and shall be compensated by their employer for any loss of
7 wages arising from such penalty; provided, that if such member or
8 members shall cease to be qualified to perform the duties of their
9 employment they shall not be entitled to be restored to their previously
10 assigned position of employment.
11 § 2. This act shall take effect immediately.