Form Focus: N.Y. DC-120 (Discharge or Discrimination Complaint)

New York, NY (WorkersCompensation.com) -- It is against the law in New York for an employer to discharge or in any other manner discriminate against an employee because the employee has claimed or attempted to claim compensation from such employer, or because she has testified or is about to testify in a workers' compensation proceeding and no other valid reason is shown to exist for the action by the employer.

The Empire State has a form for employees to fill out if they are alleging discrimination or retaliation, the DC-120.

Basics

Under the rules behind the form, any complaint alleging an unlawful discriminatory practice must be filed within two years of the commission of the alleged practice. Upon finding that an employer has committed a violation, the board shall make an order that any employee so discriminated against shall be restored to employment or otherwise restored to the position or privileges she would have had but for the discrimination and shall be compensated by her employer for any loss of compensation arising out of such discrimination together with such fees or allowances for services rendered by an attorney or licensed
representative as fixed by the board.

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Penalties

Any employer who commits a discrimination violation shall be liable to a penalty of not less than
$100 or more $500, as may be determined by the board. All such penalties shall be paid into the state treasury. All penalties, compensation and fees or allowances shall be paid solely by the employer.
The employer alone and not her carrier shall be liable for such penalties and payments. Any provision in an insurance policy undertaking to relieve the employer from liability for such penalties and payments shall be void.

Reporting

An employer found to be in violation and the aggrieved employee must report to the board as to the
manner of the employer's compliance within 30 days of receipt of a final determination. In case of failure to report on compliance, or failure to comply with an order or penalty of the board within 30 days after the order or notice of penalty is served, except where timely application to the board for a modification, recission or review of such order or penalty has been filed, the chair in any such case or on the chair's consent, any party may enforce the order or penalty in a like manner as an award of compensation.

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