New York Laws
Article 7 - General Provisions
201-D - Discrimination Against the Engagement in Certain Activities.

(i) the employer's actions were required by state or federal statute,
regulation, ordinance, or other state or federal governmental mandate;
(ii) the employee is impaired by the use of cannabis, meaning the
employee manifests specific articulable symptoms while working that
decrease or lessen the employee's performance of the duties or tasks of
the employee's job position, or such specific articulable symptoms
interfere with an employer's obligation to provide a safe and healthy
work place, free from recognized hazards, as required by state and
federal occupational safety and health law; or
(iii) the employer's actions would require such employer to commit any
act that would cause the employer to be in violation of federal law or
would result in the loss of a federal contract or federal funding.
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.

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