New York State Prohibits Adverse Employment Actions Based on Reproductive Health Decisions

New York State Prohibits Adverse Employment Actions Based on Reproductive Health Decisions

New York State passed a law that prohibits an employer from accessing an employee’s personal information regarding the employee’s, or his or her dependent’s, reproductive health decision making, including, but not limited to, the decision to use or access a drug, device, or medical service, without first obtaining the employee’s written consent.

Further, the law prohibits an employer from taking any retaliatory personnel action (such as discharging, suspending, demoting, or otherwise penalizing an employee) based on the employee’s, or his or her dependent’s, reproductive health decision making. The employer is also restricted from requiring an employee to sign a waiver or other document that attempts to deny an employee the right to make his or her own reproductive health care decisions. An employee may bring a civil action against the employer alleged to have violated the provisions of this law.

Importantly, the law provides that an employer with New York-based employees must revise the handbook it provides to those employees to state the rights and remedies afforded to those employees under this law.