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What is NYC AC § 20-1609?

Quick Answer

This section prohibits adverse actions against covered security guards that penalize them for exercising rights protected under this chapter. Actions considered adverse include threats, intimidation, and discrimination. The statute establishes a rebuttable presumption of retaliation for disciplinary actions taken within 90 days of a guard exercising their rights. Applies to employers of covered security guards.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 20-1609 Retaliation.

AC § 20-1609

a. No person shall take any adverse action against a covered security guard that penalizes such covered security guard for, or is reasonably likely to deter such covered security guard from, exercising or attempting to exercise any right protected under this chapter. Taking an adverse action includes threatening, intimidating, disciplining, discharging, demoting, suspending or harassing a covered security guard, reducing the hours or pay of a covered security guard, transferring a covered security guard to a worksite that a reasonable person would consider less desirable, informing another employer that a covered security guard has engaged in activities protected by this chapter, and discriminating against the covered security guard, including actions related to perceived immigration status or work authorization status. A covered security guard need not explicitly refer to this chapter or the rights enumerated herein to be protected from retaliation. b. The termination or other disciplinary action taken by a covered security employer against a covered security guard within 90 days of the covered security guard’s exercise of rights under this chapter, assisting any other person in doing so, or informing any person about their rights, shall raise a rebuttable presumption of having done so in retaliation for the exercise of those rights. (L.L. 2026/061, 1/29/2026, eff. 7/28/2026) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2026/061.

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