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New York · Through 2026-09-11

N.Y. Labor Law § 215-c: Discrimination against employees for displaying the American flag

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Where this section sits in the code
  1. Labor Law
  2. Article 7. General Provisions

§ 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.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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