STATE OF NEW YORK
________________________________________________________________________
3791--A
2017-2018 Regular Sessions
IN SENATE
January 27, 2017
___________
Introduced by Sens. KRUEGER, AVELLA, BAILEY, CARLUCCI, DILAN, HOYLMAN,
MONTGOMERY, PARKER, PERALTA, RIVERA, SANDERS, SAVINO, SERRANO, SQUA-
DRON, STAVISKY -- read twice and ordered printed, and when printed to
be committed to the Committee on Labor -- reported favorably from said
committee and committed to the Committee on Insurance -- 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
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.
LBD01766-03-7
S. 3791--A 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. 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, but not limited to, back pay, benefits
9 and reasonable attorneys' fees and costs incurred to a prevailing plain-
10 tiff;
11 (b) afford injunctive relief against any employer that commits or
12 proposes to commit a violation of the provisions of this section;
13 (c) order reinstatement; and/or
14 (d) award liquidated damages equal to one hundred percent of the award
15 for damages pursuant to paragraph (a) of this subdivision unless an
16 employer proves a good faith basis to believe that its actions in
17 violation of this section were in compliance with the law.
18 5. Nothing in this section shall be construed to limit any rights of
19 an employee provided through any other provision of law, common law or
20 collective bargaining unit.
21 6. Any act of retaliation for an employee exercising any rights grant-
22 ed under this section shall subject an employer to separate civil penal-
23 ties under this section. For the purposes of this section, retaliation
24 or retaliatory personnel action shall mean discharging, suspending,
25 demoting, or otherwise penalizing an employee for:
26 (a) making or threatening to make, a complaint to an employer,
27 co-worker, or to a public body, that rights guaranteed under this
28 section have been violated;
29 (b) causing to be instituted any proceeding under or related to this
30 section; or
31 (c) providing information to, or testifying before, any public body
32 conducting an investigation, hearing, or inquiry into any such violation
33 of a law, rule, or regulation by such employer.
34 § 2. This act shall take effect immediately.