New York Labor Law § 201-d protects a worker’s life outside the job. An employer may not discriminate against an employee for “political activities outside of working hours.” The same applies to “legal use of consumable products” and “legal recreational activities.” The law gives examples of recreation, “including but not limited to sports, games, hobbies, exercise, reading.”
The protection has conditions. The activity must take place outside work hours, “off of the employer’s premises and without use of the employer’s equipment or other property.” In daily life, this means a New York employer generally cannot fire a worker for an unpaid weekend hobby or for campaigning for a candidate on a Saturday.
New York legalized recreational marijuana in March 2021. Since then, with limited exceptions, most employees cannot be disciplined for using it off the job and off the employer’s property. An employer can still act if a worker shows signs of impairment at work or if federal rules require it.