New York State employees cannot face discrimination based on their own or a dependent’s “reproductive health decision-making” under Senate Bill 660 that adds a new section to the labor law. The change took effect 8 Nov 2019.
Reproductive health decisions include but are not limited to “the decision to use or access a particular drug, device or medical service.
Employers can’t access personal information about the reproductive health decisions of employees or their dependents without the employee’s informed and written consent.
Employees can’t experience discrimination in compensation or employment terms and conditions because of their reproductive health decisions or be required to sign any document that waives their right to make their own reproductive health decisions.
Remedies include but aren’t limited to back pay, benefits, reasonable legal costs, injunctive relief and reinstatement. Employers retaliating against an employee for bringing a complaint can face civil penalties.
Employee handbooks must include a notice of employee rights and remedies.
Senate Bill 660, Act to Amend the Labor Law in Relation to Discrimination Based on an Employee’s or a Dependent’s Reproductive Health Decision-making (New York State Senate, 8 Nov 2019)