Flag Discrimination

Happy Flag Day!AmericanFlag

Did you know that in New York, it is unlawful for an employer to punish you for displaying the American flag on your person or work station?

New York Labor Law § 215-c, titled “Discrimination against employees for displaying the American flag”, provides:

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. …

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. …

This statute is, in effect, another limitation on an employer’s right to terminate a so-called “at will” employee.