Know Your Rights

Each agency serves a specific purpose, but your protection often depends on documenting everything and acting quickly.

Keep detailed records of:

• Incident reports and exposure forms
   
• Communications with supervisors and HR
   
• Medical reports and doctor’s notes
   
• Emails or memos showing retaliation or unsafe assignments
   

When multiple violations overlap — for example, being retaliated against after filing a PESH complaint — you can pursue multiple channels simultaneously (EEOC + PESH + Union grievance).

You have the right to:

• A safe and healthy workplace
   
• Equal treatment and reasonable accommodations
   
• Medical leave without retaliation
   
• Workers’ Compensation for all duty-related injuries
   
• Representation and due process under your union contract
   

Standing up for these rights isn’t insubordination — it’s self-protection and accountability.

The New York State Public Employee Safety and Health Bureau (PESH) enforces OSHA-equivalent standards for public employees — including Correction Officers.
PESH investigates unsafe working conditions such as:

• Exposure to drugs or hazardous substances (like fentanyl or other contraband chemicals) 
• Inadequate staffing that leads to unsafe posts
• Lack of proper PPE or decontamination procedures
• Unsafe facility infrastructure or malfunctioning security equipment

Why it matters:
Understaffing and changing NYSDOCCS policies — such as HALT Act restrictions and reduced segregation options — have increased exposure risks and violence. PESH can intervene when management fails to protect officers from foreseeable harm.

➡️ File a PESH complaint: https://dol.ny.gov/pesh

Protects you from discrimination and retaliation.

The EEOC enforces federal laws that prohibit employment discrimination based on:

• Disability (including injuries, PTSD, or long-term medical issues)
• Sex, race, color, religion, or national origin
• Retaliation for reporting wrongdoing or using your rights (such as FMLA or ADA leave)
   

Why it matters:
DOCCS policies and supervisors may sometimes retaliate against officers who speak up about safety issues, report misconduct, or request accommodations. The EEOC investigates these violations and can issue “Right to Sue” letters that allow officers to pursue legal action.

 ➡️ File an EEOC charge: https://www.eeoc.gov 

Protects your pay, leave, and employment rights.

The DOL oversees workplace laws such as:

• Family and Medical Leave Act (FMLA): Protects your job when taking leave for medical or family reasons.
   
• Fair Labor Standards Act (FLSA): Ensures proper pay and overtime.
   
• Whistleblower Protections: Safeguards employees who report safety hazards or misconduct.
   

Why it matters:
Correction Officers who take approved medical leave or report unsafe practices have faced unjust discipline or termination under DOCCS administrative policies. The DOL can investigate violations and enforce reinstatement or back pay.

➡️ Visit: https://www.dol.gov

Covers injuries, trauma, and illness from your job.

The Workers’ Compensation Board provides wage replacement, medical coverage, and disability benefits for officers injured or made ill at work. This includes:

• Chemical or drug exposure incidents
   
• Assaults or inmate violence
   
• PTSD and mental health injuries from traumatic events
   

Why it matters:
DOCCS may dispute or delay claims, especially for “invisible injuries” like trauma or exposure symptoms. Officers should file promptly and retain documentation from every exposure, assault, or incident.

➡️ File a claim or learn more: https://www.wcb.ny.gov

Enforces your rights under the Collective Bargaining Agreement (CBA).

The New York State Correctional Officers & Police Benevolent Association (NYSCOPBA) represents COs in contract and workplace disputes. Through the CBA, officers can file grievances for:

• Unsafe working conditions
   
• Unfair discipline or termination
   
• Denial of leave or benefits
   
• Contract violations by DOCCS
   

Why it matters:
Your union can demand arbitration or intervene on your behalf when DOCCS management disregards contractual rights. However, officers also have the right to seek outside representation (EEOC, PESH, or legal counsel) if union efforts are ineffective or conflicts of interest arise.

➡️ Learn more: https://www.nyscopba.org