Creates additional remedies for unlawful discharge, penalty, or discrimination due to the exercise of an employee's right to be absent from employment for jury duty

BILL NUMBER:A609A

Title of bill

An act to amend the judiciary law and the labor law, in relation to creating additional remedies for unlawful discharge, penalty or discrimination on account of the exercise of a juror's right to be absent from employment for jury duty

Purpose or general idea of bill

Adds discrimination in any manner in addition to discharge or penalty as actions an employer cannot engage in when an employee is selected for jury duty. This act also amends the labor law so that civil penalties can be levied against the employer and/or civil action can be brought against the employer for violations arising from an employee's right to be absent from employment due to jury duty.

Summary of specific provisions

Section 1 amends section 519 of the judiciary law to specify that absence due to jury duty service is not grounds for discharge or any discrimination of any kind from ones employer.

Section 2 Amends paragraph 7 of subdivision A of section 750 of the judiciary law, as amended by chapter 823 of the laws of 1982; Amends section 215 of the labor law, as amended by chapter 744 of the laws of 1986.

Section 3 amends section 215 of the labor law, as amended by chapter 744 of the laws of 1986, to allow the Commissioner of the Department of Labor to assess civil penalties against employers if it is determined that they in any way discriminated against workers resulting for jury duty service. Section 3 also permits employees to wage additional civil action against employers for any discrimination, loss of employment, damages, and reasonable attorneys fees.

Section 4 provides for an effective date.

Justification

This act is needed to prevent any discrimination that might occur by an employer against an employee because the employee chose to exercise their duty and privilege of serving on a jury. In the past, an employer could not penalize or discharge an employee who served on a jury. This act would further clarify the law, allowing more employ- ees to feel more secure in fulfilling their obligation, thereby allowing more persons to participate in the jury process. In turn, this would give our juries a greater cross-section of the population and make juries more representative of society. This act would also allow for civil penalties and civil action against employers which will help to ensure that employers do not penalize, discharge or discriminate against those employees who are called to serve on juries.

Prior legislative history

2007-08 A408-Passed Assembly 2005-06- A.1246-A- Passed Assembly/S3128-A- Referred to Judiciary

2003-04- A.3173- Passed Assembly 2001-02- A.218- Passed Assembly 1999-2000- A.68- Passed Assembly

Fiscal implications

None to the State.

Effective date

This act shall take effect on the thirtieth day after it shall have become law.