Bill Text: NY S03791 | 2017-2018 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to the prohibition of discrimination based on an individual's or a dependent's reproductive health decision making.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Introduced - Dead) 2018-05-22 - REPORTED AND COMMITTED TO INSURANCE [S03791 Detail]
Download: New_York-2017-S03791-Introduced.html
Bill Title: Relates to the prohibition of discrimination based on an individual's or a dependent's reproductive health decision making.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Introduced - Dead) 2018-05-22 - REPORTED AND COMMITTED TO INSURANCE [S03791 Detail]
Download: New_York-2017-S03791-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3791 2017-2018 Regular Sessions IN SENATE January 27, 2017 ___________ Introduced by Sens. KRUEGER, AVELLA, BAILEY, CARLUCCI, DILAN, HOYLMAN, MONTGOMERY, PARKER, PERALTA, PERKINS, RIVERA, SAVINO, SERRANO, SQUA- DRON, STAVISKY -- read twice and ordered printed, and when printed to be committed 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 Assem- bly, do enact as follows: 1 Section 1. The labor law is amended by adding a new section 203-e to 2 read as follows: 3 § 203-e. Prohibition of discrimination based on an employee's or a 4 dependent's reproductive health decision making. 1. An employer shall be 5 prohibited from accessing an employee's personal information regarding 6 the employee's or the employee's dependent's reproductive health deci- 7 sion making, including but not limited to, the decision to use or access 8 a particular drug, device or medical service without the employee's 9 prior informed affirmative written consent. 10 2. An employer shall not: 11 (a) discriminate nor take any retaliatory personnel action against an 12 employee with respect to compensation, terms, conditions, or privileges 13 of employment because of or on the basis of the employee's or depen- 14 dent's reproductive health decision making, including, but not limited 15 to, a decision to use or access a particular drug, device or medical 16 service; or 17 (b) require an employee to sign a waiver or other document which 18 purports to deny an employee the right to make their own reproductive 19 health care decisions, including use of a particular drug, device, or 20 medical service. 21 3. An employer that provides an employee handbook to its employees 22 must include in the handbook notice of employee rights and remedies 23 under this section. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01766-01-7S. 3791 2 1 4. Nothing in this section shall be construed to limit any rights of 2 an employee provided through any other provision of law or collective 3 bargaining unit. 4 5. An employee may bring a civil action in any court of competent 5 jurisdiction against an employer alleged to have violated the provisions 6 of this section. In any civil action alleging a violation of this 7 section, the court may: 8 (a) award damages, including back pay, benefits and reasonable attor- 9 neys' fees and costs incurred to a prevailing plaintiff; 10 (b) afford injunctive relief against any employer that commits or 11 proposes to commit a violation of the provisions of this section; 12 (c) order reinstatement; and/or 13 (d) award liquidated damages equal to one hundred percent of the award 14 for damages pursuant to paragraph (a) of this subdivision unless an 15 employer proves a good faith basis to believe that its actions in 16 violation of this section were in compliance with the law. 17 6. Any act of retaliation for an employee exercising any rights grant- 18 ed under this section shall subject an employer to separate civil penal- 19 ties under this section. For the purposes of this section, retaliation 20 or retaliatory personnel action shall mean discharging, suspending, 21 demoting, or otherwise penalizing an employee for: 22 (a) making or threatening to make, a complaint to an employer, 23 co-worker, or to a public body, that rights guaranteed under this 24 section have been violated; 25 (b) causing to be instituted any proceeding under or related to this 26 section; or 27 (c) providing information to, or testifying before, any public body 28 conducting an investigation, hearing, or inquiry into any such violation 29 of a law, rule, or regulation by such employer. 30 § 2. This act shall take effect immediately.