senate Bill S6578A

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

See Assembly Version of this Bill:
A8769
Versions:
S6578
S6578A
S6578B
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Labor Law
Laws Affected:
Add §203-e, Lab L
Versions Introduced in 2013-2014 Legislative Cycle:
A8769

Sponsor Memo

BILL NUMBER:S6578A

TITLE OF BILL: An act to amend the labor law, in relation to
discrimination based on an individual's or a dependent's reproductive
health decision making

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--A

                            I N  S E N A T E

                            February 7, 2014
                               ___________

Introduced  by  Sens.  KRUEGER,  HOYLMAN,  MONTGOMERY  -- read twice and
  ordered printed, and when printed to be committed 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
  individual'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:

  Section  1.  The labor law is amended by adding a new section 203-e to
read as follows:
  S 203-E. PROHIBITION OF DISCRIMINATION BASED ON AN INDIVIDUAL'S  OR  A
DEPENDENT'S  REPRODUCTIVE  HEALTH  DECISION MAKING. 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 PARTICULAR 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 UNIT.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13689-02-4

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