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A01142 Summary:

A01142 Actions:

A01142 Committee Votes:

A01142 Floor Votes:

A01142 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1142--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 8, 2015
                                       ___________
 
        Introduced by M. of A. JAFFEE, DINOWITZ, COOK, GALEF, GOTTFRIED, CAHILL,
          FAHY,  CLARK,  SCHIMEL,  TITUS,  MOSLEY,  ZEBROWSKI,  PICHARDO, SIMON,
          STECK, BRINDISI,  MAYER,  SIMOTAS,  ARROYO,  JOYNER,  AUBRY,  LINARES,
          SEAWRIGHT, ABINANTI, SKOUFIS -- Multi-Sponsored by -- M. of A. BARRON,
          BRENNAN,  BROOK-KRASNY, BUCHWALD, CROUCH, DAVILA, DUPREY, GLICK, HOOP-
          ER, LUPARDO, MARKEY, PERRY, RIVERA, WRIGHT -- read once  and  referred
          to  the  Committee  on  Labor  --  committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03614-02-5
        A. 1142--A                          2
 
     1  health  care  decisions,  including use of a particular drug, device, or
     2  medical service.
     3    3.  An  employer  that  provides an employee handbook to its employees
     4  must include in the handbook notice  of  employee  rights  and  remedies
     5  under this section.
     6    4.  Nothing  in this section shall be construed to limit any rights of
     7  an employee provided through any other provision of  law  or  collective
     8  bargaining unit.
     9    5.  An  employee  may  bring  a civil action in any court of competent
    10  jurisdiction against an employer alleged to have violated the provisions
    11  of this section. In any  civil  action  alleging  a  violation  of  this
    12  section, the court may:
    13    (a)  award damages, including back pay, benefits and reasonable attor-
    14  neys' fees and costs incurred to a prevailing plaintiff;
    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    6. Any act of retaliation for an employee exercising any rights grant-
    23  ed under this section shall subject an employer to separate civil penal-
    24  ties  under  this section. For the purposes of this section, retaliation
    25  or retaliatory personnel  action  shall  mean  discharging,  suspending,
    26  demoting, or otherwise penalizing an employee for:
    27    (a)  making  or  threatening  to  make,  a  complaint  to an employer,
    28  co-worker, or to a  public  body,  that  rights  guaranteed  under  this
    29  section have been violated;
    30    (b)  causing  to be instituted any proceeding under or related to this
    31  section; or
    32    (c) providing information to, or testifying before,  any  public  body
    33  conducting an investigation, hearing, or inquiry into any such violation
    34  of a law, rule, or regulation by such employer.
    35    § 2. This act shall take effect immediately.