ยง 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.
Structure New York Laws
Article 7 - General Provisions
200 - General Duty to Protect the Health and Safety of Employees; Enforcement.
200-A - Laws to Be Posted at Airports.
201 - Laws and Orders to Be Posted.
201-A - Fingerprinting of Employees Prohibited.
201-B - Fees for Medical Examination.
201-C - Discrimination in Child-Care Leave Prohibited.
201-D - Discrimination Against the Engagement in Certain Activities.
201-E - Maintenance of Employee-Patient Records at Occupational Health Service Centers.
201-F - Posting Regulations on Employment of Persons Previously Convicted of One or More Crimes.
201-G - Prevention of Sexual Harassment.
201-H - Posting of Veterans' Benefits and Services.
202-A - Leave of Absence for Bone Marrow Donations.
202-B - Leave for Organ or Bone Marrow Donation Granted to State Employees.
202-D - Coin-Operated Machines Performing a Manufacturing Process.
202-E - Protection of Persons Employed On/in Vehicular Bridges And/or Tunnels.
202-F - Protection of Hotel and Motel Employees Against Fire Hazards in Employee Housing Facilities.
202-G - Display of Fuel-Connected Appliances in Wholesale or Retail Store.
202-H - High-Voltage Proximity.
202-I - Leave of Absence for Military Spouses.
202-J - Leave of Absence for Blood Donation Granted to Employees.
202-K - Protection of Persons Employed in the Broadcast Industry.
202-L - Leave of Absence for Volunteer Emergency Responders.
203 - Washrooms, Washing Facilities and Waterclosets for Elevator Employees.
203-A - Seats in Certain Passenger Elevators or Relief for the Operator.
203-B - Seats for Female Employees.
203-C - Employee Privacy Protection.
203-D - Employee Personal Identifying Information.
204 - Inspection of Boilers; Enforcement; Fees; Identification; Exceptions.
205 - Prohibition Against Eating Meals in Certain Workrooms.
206 - Prevention of Personal Injuries to Persons Engaged in Tree Trimming.
206-A - Physical Examinations of Females.
206-C - Right of Nursing Employees to Express Breast Milk.
207 - Protection of Employees at Switchboards.
207-A - Employee Safety in Work on Energized High Voltage Lines.
208 - Labels, Brands and Marks Used by Labor Organizations.
209 - Illegal Use of Labels, Brands and Marks; Injunction Proceedings.
209-A - Fraudulent Representation in Labor Organizations.
210 - Proceedings for Nonenforcement.
210-A - Legal Duty to Employees.
211 - Protection of Employees.
211-A - Prohibition Against Use of Funds.
212 - Drinking Water for Farm Laborers.
212-A - Migrant Registration Law.
212-D - Field Sanitation for Farm Hand Workers, Farm Field Workers and Farm Food Processing Workers.
215 - Penalties and Civil Action; Prohibited Retaliation.
215-A - Discrimination Against Employees for Failure to Meet Certain Ticket Quotas.
215-B - Children; Adverse Information; Notification.
215-C - Discrimination Against Employees for Displaying the American Flag.
216 - Failure to Pay Statutory Inspection Fees.
218 - Violations of Certain Provisions; Civil Penalties.
218-A - Sun Safety Education for State Employees.
218-B - Prevention of Occupational Exposure to an Airborne Infectious Disease.
219 - Violations of Certain Wage Payment Provisions; Interest, Filing of Order as Judgment.