New York State Assembly

 
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A00566 Summary:

A00566 Actions:

A00566 Committee Votes:

Committee:LABOR   Chair:Titus      
DATE:02/14/2017AYE/NAY:18/5  Action: Favorable refer to committee Codes        
Titus
Aye
Brabenec
Nay
Abbate
Aye
Crouch
Excused
Perry
Aye
Fitzpatrick
Nay
Ortiz
Aye
Curran
Excused
Colton
Aye
DiPietro
Excused
Benedetto
Aye
Castorina
Nay
Hevesi
Aye
Byrne
Nay
Zebrowski
Aye
Morinello
Nay
Miller
Aye
Bronson
Aye
Rodriguez
Aye
Moya
Excused
DenDekker
Excused
Mayer
Aye
Skoufis
Aye
Rozic
Aye
Simon
Aye
Steck
Aye
Joyner
Aye
Barnwell
Aye
Carroll
Absent

Committee:CODES   Chair:Lentol      
DATE:03/01/2017AYE/NAY:15/6  Action: Favorable         
Lentol
Aye
Graf
Nay
Schimminger
Aye
Giglio
Nay
Weinstein
Excused
McKevitt
Nay
Pretlow
Aye
Montesano
Nay
Cook
Aye
Ra
Nay
Cymbrowitz
Aye
Morinello
Nay
Titus
Aye
O'Donnell
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye

A00566 Floor Votes:

A00566 Text:

 
                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, 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 Commit-
          tee 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  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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01766-02-7
        A. 566--A                           2
 
     1    (b)  require  an  employee  to  sign  a waiver or other document which
     2  purports to deny an employee the right to make  their  own  reproductive
     3  health  care  decisions,  including use of a particular drug, device, or
     4  medical service.
     5    3.  An  employer  that  provides an employee handbook to its employees
     6  must include in the handbook notice  of  employee  rights  and  remedies
     7  under this section.
     8    4.  An  employee  may  bring  a civil action in any court of competent
     9  jurisdiction against an employer alleged to have violated the provisions
    10  of this section. In any  civil  action  alleging  a  violation  of  this
    11  section, the court may:
    12    (a)  award  damages, including, but not limited to, back pay, benefits
    13  and reasonable attorneys' fees and costs incurred to a prevailing plain-
    14  tiff;
    15    (b) afford injunctive relief against  any  employer  that  commits  or
    16  proposes to commit a violation of the provisions of this section;
    17    (c) order reinstatement; and/or
    18    (d) award liquidated damages equal to one hundred percent of the award
    19  for  damages  pursuant  to  paragraph  (a) of this subdivision unless an
    20  employer proves a good faith  basis  to  believe  that  its  actions  in
    21  violation of this section were in compliance with the law.
    22    5.  Nothing  in this section shall be construed to limit any rights of
    23  an employee provided through any other provision of law, common  law  or
    24  collective bargaining unit.
    25    6. Any act of retaliation for an employee exercising any rights grant-
    26  ed under this section shall subject an employer to separate civil penal-
    27  ties  under  this section. For the purposes of this section, retaliation
    28  or retaliatory personnel  action  shall  mean  discharging,  suspending,
    29  demoting, or otherwise penalizing an employee for:
    30    (a)  making  or  threatening  to  make,  a  complaint  to an employer,
    31  co-worker, or to a  public  body,  that  rights  guaranteed  under  this
    32  section have been violated;
    33    (b)  causing  to be instituted any proceeding under or related to this
    34  section; or
    35    (c) providing information to, or testifying before,  any  public  body
    36  conducting an investigation, hearing, or inquiry into any such violation
    37  of a law, rule, or regulation by such employer.
    38    § 2. This act shall take effect immediately.