N.Y. Military Law § 318: Policy of the state

§ 318. Policy of the state. 1. It is hereby declared to be the policy

of the state that citizens and residents of the state should not be

discriminated against because they are subject to military duty pursuant

to this chapter or the laws of the United States or both; and that

persons doing business in the state should not refuse to employ such

persons because they are so subject to military duty.

2. (a) No person shall solicit, require, demand or otherwise request

that a person waive any of his or her rights under this article, whether

existing at that time or thereafter to accrue.

(b) Any person who shall knowingly violate paragraph (a) of this

subdivision shall be guilty of a misdemeanor and shall be punished by

imprisonment not to exceed one year, or by fine not to exceed one

thousand dollars, or both such imprisonment and fine, and shall be

further subject to a civil penalty in an amount not to exceed five

thousand dollars for each occurrence. Such penalty may be recovered in

an action brought by the attorney general in any court of competent

jurisdiction.

(c) Any waiver entered into in violation of this subdivision shall not

be deemed to be binding on any person in military service who executed

such waiver.