NY State Labor Law, Section 201-d
S 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.
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 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 outside work hours, off
of the employer`s premises and without use of the employer`s equipment or
other property; or
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.
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.
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.