N.Y. Workers' Compensation Law § 120: Discrimination against employees

§ 120. Discrimination against employees. It shall be unlawful for any

employer or his or her duly authorized agent to discharge or fail to

reinstate pursuant to section two hundred three-b of this chapter, or in

any other manner discriminate against an employee as to his or her

employment because such employee has claimed or attempted to claim

compensation from such employer, requested a claim form for injuries

received in the course of employment, or claimed or attempted to claim

any benefits provided under this chapter or because he or she has

testified or is about to testify in a proceeding under this chapter and

no other valid reason is shown to exist for such action by the employer.

Any complaint alleging such an unlawful discriminatory practice must

be filed within two years of the commission of such practice. Upon

finding that an employer has violated this section, the board shall make

an order that any employee so discriminated against shall be restored to

employment or otherwise restored to the position or privileges he or she

would have had but for the discrimination and shall be compensated by

his or her employer for any loss of compensation arising out of such

discrimination together with such fees or allowances for services

rendered by an attorney or licensed representative as fixed by the

board. Any employer who violates this section shall be liable to a

penalty of not less than one hundred dollars or more than five hundred

dollars, as may be determined by the board. All such penalties shall be

paid into the state treasury. All penalties, compensation and fees or

allowances shall be paid solely by the employer. The employer alone and

not his or her carrier shall be liable for such penalties and payments.

Any provision in an insurance policy undertaking to relieve the employer

from liability for such penalties and payments shall be void.

An employer found to be in violation of this section and the aggrieved

employee must report to the board as to the manner of the employer's

compliance within thirty days of receipt of a final determination. In

case of failure to report on compliance, or failure to comply with an

order or penalty of the board within thirty days after the order or

notice of penalty is served, except where timely application to the

board for a modification, rescission or review of such order or penalty

has been filed under section twenty-three of this chapter, the chair in

any such case or, on the chair's consent, any party may enforce the

order or penalty in a like manner as an award of compensation.