Section 125. Job discrimination prohibited based on prior receipt of benefits  


Latest version.
  • 1. It shall be unlawful for any employer to inquire into,  or
      to  consider  for  the  purpose  of  assessing fitness or capability for
      employment, whether a job applicant has filed for or  received  benefits
      under  this  chapter,  or  to  discriminate against a job applicant with
      regard to employment on the basis of that claimant having filed  for  or
      received  benefits  under  this  chapter,  or because the claimant is an
      injured veteran. An individual  aggrieved  under  this  subdivision  may
      initiate  proceedings  in  a  court  of  competent  jurisdiction seeking
      damages, including reasonable  attorney  fees,  for  violation  of  this
      subdivision.
        2.  An employer who violates the provisions of subdivision one of this
      section shall be guilty of a misdemeanor, and upon conviction  shall  be
      punished,  except  as  in  this  chapter  or  in the penal law otherwise
      provided, by a fine of not more than one thousand dollars,  and  subject
      to  the  debarment provisions of section one hundred forty-one-b of this
      chapter.