Labor & Employment Law Articles
New York Legal Activities Law
The "Legal Activities" law prohibits employers from refusing to "hire, employ or license, or to discharge from employment or otherwise discriminate against an individual in compensation, promotion or terms, conditions or privileges of employment" because of his or her participating in the following protected activities occurring during non-working hours and away from the employer's place of business:
- Political activities
- Legal recreational activities
- Legal use of consumable products
- Membership in a union or participating in union activities
"Political activities" is defined as running for public office, campaigning for a candidate or participating in fund-raising activities for a candidate or a political party. However, these activities are not protected if they occur during working hours, on company premises or the employer's property or equipment is used.
"Recreational activities" are defined as "any lawful, leisure-time activity for which the employee receives no compensation and which is generally engaged in for recreational purposes." This criteria was designed to protect employees who engage in dangerous hobbies such as skydiving who may cause group health insurance rates to rise.
The "consumable products" provision was originally designed to protect the rights of employees who smoke on their own time, off company premises. An employer may continue to ban smoking at the workplace. The language of this provision is broad enough to cover the lawful use of alcohol, and prescription drugs. Employers may take action under the statute if they act pursuant to "an established substance abuse or alcohol program or workplace policy."
Exceptions to the statute permit legitimate anti-moonlighting restrictions and conflict-of-interest regulations. Furthermore, the "legal activities" cited in the statute will not provide job protection if they result in the employee's poor performance on the job.
The statute is being enforced both by the Attorney General's office and by private lawsuits that can be brought by any aggrieved individual
