I don't think they
can forbid you from doing something that's legal when you're off the clock.
<runs off to try to find the law / court ruling>
Ah, here's the New York law in question:
N.Y. Labor Code § 201-D (this is New York State law, BTW, not New York City)
With the relevant bits quoted:
§ 201-d. Discrimination against the engagement in certain activities.
1. Definitions. As used in this section:
a. "Political activities" shall mean (i) running for public office, (ii) campaigning for a candidate for public office, or (iii) participating in fund-raising activities for the benefit of a candidate, political party or political advocacy group;
b. "Recreational activities" shall mean any lawful, leisure-time activity, for which the employee receives no compensation and which is generally engaged in for recreational purposes, including but not limited to sports, games, hobbies, exercise, reading and the viewing of television, movies and similar material;
c. "Work hours" shall mean, for purposes of this section, all time, including paid and unpaid breaks and meal periods, that the employee is suffered, permitted or expected to be engaged in work, and all time the employee is actually engaged in work. This definition shall not be referred to in determining hours worked for which an employee is entitled to compensation under any law including article nineteen of this chapter.
2. Unless otherwise provided by law, it shall be unlawful for any employer or employment agency to refuse 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:
c. an individual's legal recreational activities outside work hours, off of the employer's premises and without use of the employer's equipment or other property;
I would certainly consider legally training with a firearm to be "recreational" under their definition (and I'm pretty sure any expert will tell you that it's best to train with
your gun). The DA is claiming that
playing baseball is fine. However, if you were to merely
consider actually
owning a catcher's mitt (i.e. applying for a pistol permit), you're fired.
Their logic seems a bit messed up.
I am not a lawyer, nor have I played one on TV, nor did I stay at a Holiday Inn Express last night, nor should anything I say be taken as legal advice. If it is important that any information be accurate, do not use me as the only source.
