§ 740. Retaliatory action by employers; prohibition. 1. Definitions.\nFor purposes of this section, unless the context specifically indicates\notherwise:\n (a) "Employee" means an individual who performs services for and under\nthe control and direction of an employer for wages or other\nremuneration, including former employees, or natural persons employed as\nindependent contractors to carry out work in furtherance of an\nemployer's business enterprise who are not themselves employers.\n (b) "Employer" means any person, firm, partnership, institution,\ncorporation, or association that employs one or more employees.\n (c) "Law, rule or regulation" includes: (i) any duly enacted federal,\nstate or local statute or ordinance or executive order; (ii) any rule or\nregulation promulgated pursuant to such statute or ordinance or\nexecutive order; or (iii) any judicial or administrative decision,\nruling or order.\n (d) "Public body" includes the following:\n (i) the United States Congress, any state legislature, or any elected\nlocal governmental body, or any member or employee thereof;\n (ii) any federal, state, or local court, or any member or employee\nthereof, or any grand or petit jury;\n (iii) any federal, state, or local regulatory, administrative, or\npublic agency or authority, or instrumentality thereof;\n (iv) any federal, state, or local law enforcement agency,\nprosecutorial office, or police or peace officer;\n (v) any federal, state or local department of an executive branch of\ngovernment; or\n (vi) any division, board, bureau, office, committee, or commission of\nany of the public bodies described in subparagraphs (i) through (v) of\nthis paragraph.\n (e) "Retaliatory action" means an adverse action taken by an employer\nor his or her agent to discharge, threaten, penalize, or in any other\nmanner discriminate against any employee or former employee exercising\nhis or her rights under this section, including (i) adverse employment\nactions or threats to take such adverse employment actions against an\nemployee in the terms of conditions of employment including but not\nlimited to discharge, suspension, or demotion; (ii) actions or threats\nto take such actions that would adversely impact a former employee's\ncurrent or future employment; or (iii) threatening to contact or\ncontacting United States immigration authorities or otherwise reporting\nor threatening to report an employee's suspected citizenship or\nimmigration status or the suspected citizenship or immigration status of\nan employee's family or household member, as defined in subdivision two\nof section four hundred fifty-nine-a of the social services law, to a\nfederal, state, or local agency.\n (f) "Supervisor" means any individual within an employer's\norganization who has the authority to direct and control the work\nperformance of the affected employee; or who has managerial authority to\ntake corrective action regarding the violation of the law, rule or\nregulation of which the employee complains.\n 2. Prohibitions. An employer shall not take any retaliatory action\nagainst an employee, whether or not within the scope of the employee's\njob duties, because such employee does any of the following:\n (a) discloses, or threatens to disclose to a supervisor or to a public\nbody an activity, policy or practice of the employer that the employee\nreasonably believes is in violation of law, rule or regulation or that\nthe employee reasonably believes poses a substantial and specific danger\nto the public health or safety;\n (b) provides information to, or testifies before, any public body\nconducting an investigation, hearing or inquiry into any such activity,\npolicy or practice by such employer; or\n (c) objects to, or refuses to participate in any such activity, policy\nor practice.\n 3. Application. The protection against retaliatory action provided by\nparagraph (a) of subdivision two of this section pertaining to\ndisclosure to a publi
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