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Education Law - SchoolNET

New York Prohibits Discrimination Against Employees for Displaying the American Flag

The New York State Legislature recently enacted Labor Law §215-c, which prohibits discrimination against employees who display the American flag on their person or at their workstation. An employer may not prohibit display of the American flag "provided such display physically does not substantially or materially interfere with the employee's job duties."

The statute applies to both public and private employers and may be enforced by either the employees themselves or the New York State Department of Labor. If the Department of Labor finds a violation, the employer is subject to a penalty of between $200 and $2,000. If an individual employee brings a lawsuit and prevails, the employee may be entitled to reinstatement and payment of lost compensation, damages and reasonable attorney's fees.

The legislation is effective immediately.