What's happening
This bill prohibits employers from discriminating or retaliating against employees based on their or their dependents' reproductive health decisions.
Why it matters
Strengthens employee privacy. by prohibiting employers from accessing personal information about an employee’s or their dependent’s reproductive health choices (such as use of specific drugs or medical services) without the employee’s explicit, informed, written consent.
Empowers employees with legal recourse. by allowing them to sue employers in court for violations, including discrimination or retaliation, and seek remedies such as back pay, reinstatement, attorney’s fees, and potentially double damages if the employer acted in bad faith.
Mandates workplace transparency. by requiring employers who provide employee handbooks to include clear notice of these reproductive health rights and available remedies, ensuring employees are informed of their protections.
Deters retaliation and expands protections. by explicitly defining retaliatory actions (like firing, demoting, or punishing employees for asserting their rights) as separate violations, and clarifying that these protections don’t limit any broader rights employees may have under other laws or union agreements.
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Who cares
Headline styles
Protect Reproductive Health Choices
Plain English, a few words. Used as the page title.
Sponsors
34 Co-sponsors
- Jeffrey Dinowitz
- Vivian Cook
- Sandy Galef
- Richard Gottfried
- Kevin Cahill
- Patricia Fahy
- Michele Titus
- Walter T. Mosley
- Kenneth Zebrowski
- Victor M. Pichardo
- Jo Anne Simon
- Phil Steck
- Anthony Brindisi
- Shelley Mayer
- Aravella Simotas
- Carmen E. Arroyo
- Latoya Joyner
- Jeffrion Aubry
- Rebecca Seawright
- Thomas Abinanti
- James Skoufis
- Amy Paulin
- Linda Rosenthal
- Pamela J. Hunter
- Rodneyse Bichotte Hermelyn
- Kimberly Jean-Pierre
- Alicia Hyndman
- Carmen De La Rosa
- Michael Blake
- Anthony D'Urso
- Robert C. Carroll
- Harry B. Bronson
- Christine Pellegrino
- Steven Otis
History
- Referred to insurance
- Delivered to senate
- Passed assembly
- Ordered to third reading cal.44
- Returned to assembly
- Died in senate
- Referred to rules
- Delivered to senate
- Passed assembly
- Amended on third reading 566a
- Advanced to third reading cal.88
- Reported
Show 2 earlier actions
- Reported referred to codes
- Referred to labor
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Reproductive Health Discrimination
In Senate Committee · Insurance · Sponsor Liz Krueger
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
566--A Cal. No. 88
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
Introduced by M. of A. JAFFEE, DINOWITZ, COOK, GALEF, GOTTFRIED, CAHILL, FAHY, TITUS, MOSLEY, ZEBROWSKI, PICHARDO, SIMON, STECK, BRINDISI, MAYER, SIMOTAS, ARROYO, JOYNER, AUBRY, SEAWRIGHT, ABINANTI, SKOUFIS, PAULIN, ROSENTHAL, HUNTER, HARRIS, BICHOTTE,… Show allHide
Introduced by M. of A. JAFFEE, DINOWITZ, COOK, GALEF, GOTTFRIED, CAHILL, FAHY, TITUS, MOSLEY, ZEBROWSKI, PICHARDO, SIMON, STECK, BRINDISI, MAYER, SIMOTAS, ARROYO, JOYNER, AUBRY, SEAWRIGHT, ABINANTI, SKOUFIS, PAULIN, ROSENTHAL, HUNTER, HARRIS, BICHOTTE, JEAN-PIERRE, HYNDMAN, DE LA ROSA, BLAKE, D'URSO, CARROLL, BRONSON -- Multi-Sponsored by -- M. of A. BARRON, BRAUNSTEIN, BUCHWALD, CROUCH, DAVILA, GLICK, HOOPER, LUPARDO, MAGEE, PERRY, RIVERA -- read once and referred to the Committee on Labor -- reported and referred to the Committee on Codes -advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading
AN ACT to amend the labor law, in relation to discrimination based on an employee's or a dependent's reproductive health decision making
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The labor law is amended by adding a new section 203-e to read as follows:
§ 203-e. Prohibition of discrimination based on an employee's or a dependent's reproductive health decision making. 1. An employer shall be prohibited from accessing an employee's personal information regarding the employee's or the employee's dependent's reproductive health decision making, including but not limited to, the decision to use or access a particular drug, device or medical service without the employee's prior informed affirmative written consent.
2. An employer shall not:
(a) discriminate nor take any retaliatory personnel action against an employee with respect to compensation, terms, conditions, or privileges of employment because of or on the basis of the employee's or dependent's reproductive health decision making, including, but not limited to, a decision to use or access a particular drug, device or medical service; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01766-02-7
A. 566--A 2
(b) require an employee to sign a waiver or other document which purports to deny an employee the right to make their own reproductive health care decisions, including use of a particular drug, device, or medical service.
3. An employer that provides an employee handbook to its employees must include in the handbook notice of employee rights and remedies under this section.
4. An employee may bring a civil action in any court of competent jurisdiction against an employer alleged to have violated the provisions of this section. In any civil action alleging a violation of this section, the court may:
(a) award damages, including, but not limited to, back pay, benefits and reasonable attorneys' fees and costs incurred to a prevailing plaintiff;
(b) afford injunctive relief against any employer that commits or proposes to commit a violation of the provisions of this section;
(c) order reinstatement; and/or
(d) award liquidated damages equal to one hundred percent of the award for damages pursuant to paragraph (a) of this subdivision unless an employer proves a good faith basis to believe that its actions in violation of this section were in compliance with the law.
5. Nothing in this section shall be construed to limit any rights of an employee provided through any other provision of law, common law or collective bargaining unit.
6. Any act of retaliation for an employee exercising any rights granted under this section shall subject an employer to separate civil penalties under this section. For the purposes of this section, retaliation or retaliatory personnel action shall mean discharging, suspending, demoting, or otherwise penalizing an employee for:
(a) making or threatening to make, a complaint to an employer, co-worker, or to a public body, that rights guaranteed under this section have been violated;
(b) causing to be instituted any proceeding under or related to this section; or
(c) providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry into any such violation of a law, rule, or regulation by such employer.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.