A00566 Summary:

BILL NOA00566
 
SAME ASSAME AS S03791
 
SPONSORJaffee
 
COSPNSRDinowitz, 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
 
MLTSPNSRBarron, Braunstein, Buchwald, Crouch, Davila, Glick, Hooper, Lupardo, Magee, Perry, Rivera
 
Add 203-e, Lab L
 
Relates to the prohibition of discrimination based on an individual's or a dependent's reproductive health decision making.
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A00566 Actions:

BILL NOA00566
 
01/09/2017referred to labor
02/14/2017reported referred to codes
03/01/2017reported
03/02/2017advanced to third reading cal.88
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A00566 Committee Votes:

LABOR Chair:Titus DATE:02/14/2017AYE/NAY:18/5 Action: Favorable refer to committee Codes
TitusAyeBrabenecNay
AbbateAyeCrouchExcused
PerryAyeFitzpatrickNay
OrtizAyeCurranExcused
ColtonAyeDiPietroExcused
BenedettoAyeCastorinaNay
HevesiAyeByrneNay
ZebrowskiAyeMorinelloNay
MillerAye
BronsonAye
RodriguezAye
MoyaExcused
DenDekkerExcused
MayerAye
SkoufisAye
RozicAye
SimonAye
SteckAye
JoynerAye
BarnwellAye
CarrollAbsent

CODES Chair:Lentol DATE:03/01/2017AYE/NAY:15/6 Action: Favorable
LentolAyeGrafNay
SchimmingerAyeGiglioNay
WeinsteinExcusedMcKevittNay
PretlowAyeMontesanoNay
CookAyeRaNay
CymbrowitzAyeMorinelloNay
TitusAye
O'DonnellAye
LavineAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye
HevesiAye
FahyAye

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A00566 Floor Votes:

There are no votes for this bill in this legislative session.
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A00566 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           566
 
                               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  -- Multi-Sponsored by -- M. of A. BARRON,
          BUCHWALD, CROUCH, DAVILA, GLICK, HOOPER,  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 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.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01766-01-7

        A. 566                              2
 
     1    3.  An  employer  that  provides an employee handbook to its employees
     2  must include in the handbook notice  of  employee  rights  and  remedies
     3  under this section.
     4    4.  Nothing  in this section shall be construed to limit any rights of
     5  an employee provided through any other provision of  law  or  collective
     6  bargaining unit.
     7    5.  An  employee  may  bring  a civil action in any court of competent
     8  jurisdiction against an employer alleged to have violated the provisions
     9  of this section. In any  civil  action  alleging  a  violation  of  this
    10  section, the court may:
    11    (a)  award damages, including back pay, benefits and reasonable attor-
    12  neys' fees and costs incurred to a prevailing plaintiff;
    13    (b) afford injunctive relief against  any  employer  that  commits  or
    14  proposes to commit a violation of the provisions of this section;
    15    (c) order reinstatement; and/or
    16    (d) award liquidated damages equal to one hundred percent of the award
    17  for  damages  pursuant  to  paragraph  (a) of this subdivision unless an
    18  employer proves a good faith  basis  to  believe  that  its  actions  in
    19  violation of this section were in compliance with the law.
    20    6. Any act of retaliation for an employee exercising any rights grant-
    21  ed under this section shall subject an employer to separate civil penal-
    22  ties  under  this section. For the purposes of this section, retaliation
    23  or retaliatory personnel  action  shall  mean  discharging,  suspending,
    24  demoting, or otherwise penalizing an employee for:
    25    (a)  making  or  threatening  to  make,  a  complaint  to an employer,
    26  co-worker, or to a  public  body,  that  rights  guaranteed  under  this
    27  section have been violated;
    28    (b)  causing  to be instituted any proceeding under or related to this
    29  section; or
    30    (c) providing information to, or testifying before,  any  public  body
    31  conducting an investigation, hearing, or inquiry into any such violation
    32  of a law, rule, or regulation by such employer.
    33    § 2. This act shall take effect immediately.
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