880. Employees' rights. 1. Employees or their representatives may request in writing from employers and shall receive all information relating to toxic substances set forth in subdivision three of section eight hundred seventy-eight of this article.
2. If an employee has requested information about a substance pursuant to subdivision seven of section eight hundred seventy-six of this article, and has not received information within the time allowed therein, the employee may not be required to work with such substance.
3. No employer shall discharge, or cause to be discharged, or otherwise discipline, or in any manner discriminate against any employee because such employee has filed any complaint or has instituted, or caused to be instituted, any proceeding under or related to the provisions of this article, or has testified, or is about to testify, in any such proceeding, or because of the exercise of any right afforded pursuant to the provisions of this article on such employee's behalf or on the behalf of others, nor shall any pay, position, seniority, or other benefits be lost for exercise of any right provided by this article.
4. Any employee who believes that he or she has been discharged, disciplined, or otherwise discriminated against by any person in violation of this section may, within thirty days after such violation occurs or thirty days after the employee first obtains knowledge that a violation did occur, file a complaint with the industrial commissioner alleging such discrimination. Upon receipt of such complaint, the industrial commissioner shall cause such investigation to be made as he deems appropriate. If upon such investigation, the industrial commissioner determines that the provisions of this section have been violated, he shall request the attorney general to bring an action in supreme court against the person or persons alleged to have violated the provisions of this section. In any such action the supreme court shall have jurisdiction to restrain violations of this section and to order all appropriate relief, including but not limited to civil penalties as set forth in section eight hundred eighty-two of this article, hiring, rehiring or reinstatement of the employee in employment together with the payment of any compensation otherwise actually lost as a result of such violation.
5. Within ninety days of the receipt of a complaint filed under this section the industrial commissioner shall notify the complainant and his representative by registered mail of his determination.
6. Any waiver by an employee or applicant for employment of the benefits or requirements of this article shall be against public policy and be null and void.
7. Any employer's request or requirement that an employee waive any rights under this article as a condition of employment shall constitute an act of discrimination.
Last modified: February 3, 2019