Bill Text: NY S03791 | 2017-2018 | General Assembly | Amended

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) 2018-05-22 - REPORTED AND COMMITTED TO INSURANCE [S03791 Detail]

Download: New_York-2017-S03791-Amended.html

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 27, 2017
          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.

        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.