NYCL AGO 95-F5.

• Case Date: June 27, 1995
• Court: New York

New York Attorney General Opinions 1995. AGO 95-F5. June 27, 1995Formal Opinion No. 95-F5Hon. Robert Snashall Chairperson Workers' Compensation Board 180 Livingston Street Brooklyn, NY 11248WORKERS' COMPENSATION LAW § 125; L 1991, CH 308.Workers' Compensation Law § 125 applies to State agencies and law enforcement entities. The statute makes it unlawful for employers to inquire into or consider, for the purposes of assessing fitness for employment, whether a job applicant has filed for or received workers' compensation benefits. It also prohibits discrimination against job applicants based on their claim history.Dear Mr. Snashall: You have asked whether Workers' Compensation Law § 125 applies t1o State agencies and municipal law enforcement entities.(fn1) You note that these bodies fall within the statute's definition of "employer" and state that they frequently request the Board to supply claim histories of applicants under consideration for employment. Workers' Compensation Law § 125 provides:

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. 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.

3. In addition to the criminal penalty set forth herein, where the chair has determined that an employer has violated the provisions of subdivision one of this section, the chair may, after a hearing, impose a penalty against such employer in an amount not exceeding twenty-five hundred dollars.

This provision was proposed by the...