senate Bill S6578

Amended

Relates to the prohibition of discrimination based on an individual's or a dependent's reproductive health decision making

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 07 / Feb / 2014
    • REFERRED TO LABOR
  • 24 / Feb / 2014
    • AMEND (T) AND RECOMMIT TO LABOR
  • 24 / Feb / 2014
    • PRINT NUMBER 6578A
  • 28 / May / 2014
    • AMEND (T) AND RECOMMIT TO LABOR
  • 28 / May / 2014
    • PRINT NUMBER 6578B
  • 03 / Jun / 2014
    • 1ST REPORT CAL.1192
  • 09 / Jun / 2014
    • 2ND REPORT CAL.
  • 10 / Jun / 2014
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2014
    • COMMITTED TO RULES

Summary

Relates to the prohibition of discrimination based on an individual's or a dependent's reproductive health decision making.

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Bill Details

Versions:
S6578
S6578A
S6578B
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Labor Law
Laws Affected:
Amd ยง203-e, Lab L
Versions Introduced in 2013-2014 Legislative Cycle:
A8769

Sponsor Memo

BILL NUMBER:S6578

TITLE OF BILL: An act to amend the labor law, in relation to
prohibiting discrimination by an employer based on an employee's
decisions regarding his or her reproductive health

PURPOSE OR GENERAL IDEA OF BILL:

To ensure that individuals are able to make their own reproductive
health care decisions without incurring adverse employment
consequences because of their employers' personal beliefs about those
decisions.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the labor law by adding a new section 203-e to
prohibit an employer from discriminating against an employee on the
basis of the individual's or a dependent's reproductive health
decision making, including a decision to use or access a particular
drug, device or medical service. It also prohibits discrimination
based on an employer's personal beliefs about such services.

Section 2 makes clear that the bill does not conflict with any other
employee protections provided through any provision of law or
collective bargaining agreement.

Section 3 establishes the effective date.

JUSTIFICATION:

The Affordable Care Act (ACA) requires that health insurance plans
cover FDA-approved birth control methods without out-of-pocket costs.
Some for-profit employers have attempted to prevent employees from
accessing this benefit because it conflicts with their personal
beliefs and, as a result, over 100 federal lawsuits have been filed by
employers to deny employees this benefit. Employers should not be
able to discriminate or interfere in employees' personal medical
decisions because of the employer's personal beliefs.

While federal and state laws have been enacted which demonstrate a
commitment to protect individuals against employment discrimination,
loopholes exist which leave employees vulnerable to discrimination
based on their reproductive health decisions. The Legislature must
ensure that the legal loopholes are corrected to ensure that
employees' decisions about pregnancy, contraception, and reproductive
health are also protected under state law.

PRIOR LEGISLATIVE HISTORY:

This is new legislation.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:


This Act shall take effect immediately

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6578

                            I N  S E N A T E

                            February 7, 2014
                               ___________

Introduced  by Sens. KRUEGER, HOYLMAN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Labor

AN ACT to amend the labor law, in relation to prohibiting discrimination
  by an employer based on an employee's decisions regarding his  or  her
  reproductive health

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The labor law is amended by adding a new section  203-e  to
read as follows:
  S 203-E. REPRODUCTIVE HEALTHCARE DECISIONS; DISCRIMINATION PROHIBITED.
1. AN EMPLOYER SHALL NOT DISCRIMINATE AGAINST AN INDIVIDUAL WITH RESPECT
TO  COMPENSATION, TERMS, CONDITIONS, OR PRIVILEGES OF EMPLOYMENT BECAUSE
OF OR ON THE BASIS OF THE INDIVIDUAL'S  OR  A  DEPENDENT'S  REPRODUCTIVE
HEALTH  DECISION MAKING, INCLUDING A DECISION TO USE OR ACCESS A PARTIC-
ULAR DRUG, DEVICE OR MEDICAL SERVICE, OR BECAUSE OF OR ON THE  BASIS  OF
AN EMPLOYER'S PERSONAL BELIEFS ABOUT SUCH SERVICES.
  2.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO LIMIT ANY RIGHTS OF
AN EMPLOYEE PROVIDED THROUGH ANY OTHER PROVISION OF  LAW  OR  COLLECTIVE
BARGAINING AGREEMENT.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13689-01-4

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