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A584Assembly2019-2020 SessionSame asS660

Ban Reproductive Health Discrimination

Official title

“Relates to the prohibition of discrimination based on an individual's or a dependent's reproductive health decision making”

Sponsor Ellen C. JaffeeAD-97+51 co-sponsorsAffects Legal
Status
Assembly Floor Calendar
Impact
6/10
Moderate
Outcome
Companion signed

Bill progress

Signed via S660

What's happening

This bill prohibits employers from discriminating or retaliating against employees based on their own or their dependents' reproductive health decisions.

Why it matters

  1. Protects employee privacy. by prohibiting employers from accessing personal information about the reproductive health decisions of employees or their dependents without explicit, written consent. This helps safeguard sensitive medical information from inappropriate scrutiny or misuse in the workplace.

  2. Empowers employees with legal recourse. by allowing those who believe their rights under this law have been violated to bring civil lawsuits. Remedies can include back pay, reinstatement, attorneys' fees, injunctive relief, and potentially double damages unless the employer can prove good faith compliance.

  3. Mandates transparency and awareness. by requiring employers who provide handbooks to include notice of these rights and remedies, ensuring that employees are informed about their protections and what to do if those rights are violated.

  4. Strengthens protections against retaliation. by clearly defining retaliatory actions (like firing, demoting, or penalizing employees for asserting their rights) and making such actions subject to separate civil penalties. This increases the risk to employers who might otherwise discourage employees from reporting discrimination or privacy breaches.

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Who cares

Headline styles

Ban Reproductive Health Discrimination

Plain English, a few words. Used as the page title.

Sponsors

History

  1. Substituted by S660
  2. Advanced to third reading cal.7
  3. Reported
  4. Reported referred to codes
  5. 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.

S660Senate

Ban Reproductive Health Discrimination

Signed by Governor · Sponsor Jen Metzger

Impact 7 · SignificantSigned into law

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

S. 660 A. 584

2019-2020 Regular Sessions

SENATE - ASSEMBLY (Prefiled)

January 9, 2019

IN SENATE -- Introduced by Sens. METZGER, BAILEY, CARLUCCI, HOYLMAN, KRUEGER, MAYER, MONTGOMERY, PARKER, RIVERA, SANDERS, SAVINO, SERRANO, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Labor

IN ASSEMBLY -- Introduced by M. of A. JAFFEE, HEASTIE, DINOWITZ, COOK, GALEF, GOTTFRIED, CAHILL, FAHY, TITUS, MOSLEY, ZEBROWSKI, PICHARDO, SIMON, STECK, SIMOTAS, ARROYO, JOYNER, AUBRY, SEAWRIGHT, ABINANTI, PAULIN, L. ROSENTHAL, HUNTER, BICHOTTE, JEAN-PIERRE, HYNDMAN, DE LA ROSA, BLAKE, D'URSO, CARROLL, BRONSON, OTIS, BURKE, CRUZ, FALL, FRONTUS, GRIFFIN, JACOBSON, McMAHON, RAYNOR, ROMEO, REYES, SAYEGH -- Multi-Sponsored by -- M. of A. BARRON, BRAUNSTEIN, BUCHWALD, DAVILA, GLICK, LIFTON, LUPARDO, PERRY, RIVERA -- read once and referred to the Committee on Labor

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

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD02778-01-9

S. 660 2 A. 584

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

(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.