New York Labor Code § 201-D

Discrimination against the engagement in certain activities
Open in Lexace · Ask the AI about this section
§ 201-d. Discrimination against the engagement in certain activities.\n1.  Definitions. As used in this section:\n  a. "Political activities" shall mean (i) running for public office,\n(ii) campaigning for a candidate for public office, or (iii)\nparticipating in fund-raising activities for the benefit of a candidate,\npolitical party or political advocacy group;\n  b. "Recreational activities" shall mean any lawful, leisure-time\nactivity, for which the employee receives no compensation and which is\ngenerally engaged in for recreational purposes, including but not\nlimited to sports, games, hobbies, exercise, reading and the viewing of\ntelevision, movies and similar material;\n  c. "Work hours" shall mean, for purposes of this section, all time,\nincluding paid and unpaid breaks and meal periods, that the employee is\nsuffered, permitted or expected to be engaged in work, and all time the\nemployee is actually engaged in work. This definition shall not be\nreferred to in determining hours worked for which an employee is\nentitled to compensation under any law including article nineteen of\nthis chapter;\n  d. "Political matters" shall mean matters relating to elections for\npolitical office, political parties, legislation, regulation and the\ndecision to join or support any political party or political, civic,\ncommunity, fraternal or labor organization;\n  e. "Religious matters" shall mean matters relating to religious\naffiliation and practice and the decision to join or support any\nreligious organization or association.\n  2. Unless otherwise provided by law, it shall be unlawful for any\nemployer or employment agency to refuse to hire, employ or license, or\nto discharge from employment or otherwise discriminate against an\nindividual in compensation, promotion or terms, conditions or privileges\nof employment because of:\n  a. an individual's political activities outside of working hours, off\nof the employer's premises and without use of the employer's equipment\nor other property, if such activities are legal, provided, however, that\nthis paragraph shall not apply to persons whose employment is defined in\nparagraph six of subdivision (a) of section seventy-nine-h of the civil\nrights law, and provided further that this paragraph shall not apply to\npersons who would otherwise be prohibited from engaging in political\nactivity pursuant to chapter 15 of title 5 and subchapter III of chapter\n73 of title 5 of the USCA;\n  b. an individual's legal use of consumable products, including\ncannabis in accordance with state law, prior to the beginning or after\nthe conclusion of the employee's work hours, and off of the employer's\npremises and without use of the employer's equipment or other property;\n  c. an individual's legal recreational activities, including cannabis\nin accordance with state law, outside work hours, off of the employer's\npremises and without use of the employer's equipment or other property;\n  d. an individual's membership in a union or any exercise of rights\ngranted under Title 29, USCA, Chapter 7 or under article fourteen of the\ncivil service law; or\n  e. an individual's refusal to: (i) attend an employer-sponsored\nmeeting with the employer or its agent, representative or designee, the\nprimary purpose of which is to communicate the employer's opinion\nconcerning religious or political matters; or (ii) listen to speech or\nview communications, the primary purpose of which is to communicate the\nemployer's opinion concerning religious or political matters.\n  3. The provisions of subdivision two of this section shall not be\ndeemed to protect activity which:\n  a. creates a material conflict of interest related to the employer's\ntrade secrets, proprietary information or other proprietary or business\ninterest;\n  b. with respect to employees of a state agency as defined in sections\nseventy-three and seventy-four of the public officers law respectively,\nis in knowing violation of subdivisio

‹ Prev All New York sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.