Section 215-C. Discrimination against employees for displaying the American flag  


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  • 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.  If  after  investigation  the
      commissioner  finds  that an employer has violated any provision of this
      section,  the  commissioner  may,  by  an  order  which  shall  describe
      particularly  the  nature  of the violation, assess the employer a civil
      penalty of not less than two hundred nor more than two thousand dollars.
      Notwithstanding the provisions of section two hundred thirteen  of  this
      chapter,  the penalties set forth in this section shall be the exclusive
      remedies available for violations of this section.
        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. At or before the commencement of any action under  this
      section, notice thereof shall be served upon the attorney general by the
      employee.