Assembly Bill A8769A

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

                                 8769--A

                          I N  A S S E M B L Y

                            February 12, 2014
                               ___________

Introduced   by   M.   of  A.  JAFFEE,  BRINDISI,  ROSENTHAL,  DINOWITZ,
  PEOPLES-STOKES, O'DONNELL, COOK, SCARBOROUGH, SKOUFIS, LIFTON,  GALEF,
  OTIS,  GOTTFRIED,  BARRETT,  CAHILL,  PAULIN,  FAHY,  ABINANTI,  ROSA,
  RUSSELL, ORTIZ, STECK -- Multi-Sponsored  by  --  M.  of  A.  BRENNAN,
  BUCHWALD,  CROUCH,  GLICK,  HOOPER,  JACOBS,  MARKEY,  MILLMAN, PERRY,
  RIVERA, ROBERTS, WEISENBERG -- read once and referred 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
  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:

  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 EMPLOYEE'S OR A
DEPENDENT'S REPRODUCTIVE HEALTH DECISION MAKING. 1. AN EMPLOYER SHALL BE
PROHIBITED FROM ACCESSING AN EMPLOYEE'S PERSONAL  INFORMATION  REGARDING
THE  EMPLOYEE'S  OR THE EMPLOYEE'S DEPENDENT'S REPRODUCTIVE HEALTH DECI-
SION MAKING, INCLUDING BUT NOT LIMITED TO, THE DECISION TO USE OR ACCESS
A PARTICULAR DRUG, DEVICE OR  MEDICAL  SERVICE  WITHOUT  THE  EMPLOYEE'S
PRIOR INFORMED AFFIRMATIVE WRITTEN CONSENT.
  2. AN EMPLOYER SHALL NOT DISCRIMINATE AGAINST AN EMPLOYEE WITH RESPECT
TO  COMPENSATION, TERMS, CONDITIONS, OR PRIVILEGES OF EMPLOYMENT BECAUSE
OF OR ON THE BASIS OF THE EMPLOYEE'S OR DEPENDENT'S REPRODUCTIVE  HEALTH
DECISION  MAKING,  INCLUDING,  BUT  NOT LIMITED TO, 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.
  3. 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.
  4. AN EMPLOYEE MAY BRING A CIVIL ACTION  IN  ANY  COURT  OF  COMPETENT
JURISDICTION AGAINST AN EMPLOYER ALLEGED TO HAVE VIOLATED THE PROVISIONS
OF  THIS  SECTION.  IN  ANY  CIVIL  ACTION  ALLEGING A VIOLATION OF THIS
SECTION, THE COURT MAY:

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

                                                           LBD13701-05-4

A. 8769--A                          2

  (A) AWARD DAMAGES, INCLUDING BACK PAY, BENEFITS AND REASONABLE  ATTOR-
NEYS' FEES AND COSTS INCURRED TO A PREVAILING PLAINTIFF;
  (B)  AFFORD  INJUNCTIVE  RELIEF  AGAINST  ANY EMPLOYER THAT COMMITS OR
PROPOSES TO COMMIT A VIOLATION OF THE PROVISIONS OF THIS SECTION;
  (C) ORDER REINSTATEMENT; AND/OR
  (D) AWARD LIQUIDATED DAMAGES EQUAL TO ONE HUNDRED PERCENT OF THE AWARD
FOR DAMAGES PURSUANT TO SUBDIVISION (A) OF  THIS  SUBSECTION  UNLESS  AN
EMPLOYER  PROVES  A  GOOD  FAITH  BASIS  TO  BELIEVE THAT ITS ACTIONS IN
VIOLATION OF THIS SECTION WERE IN COMPLIANCE WITH THE LAW.
  5. ANY ACT OF RETALIATION FOR AN EMPLOYEE EXERCISING ANY RIGHTS GRANT-
ED UNDER THIS SECTION SHALL SUBJECT AN EMPLOYER TO SEPARATE CIVIL PENAL-
TIES UNDER THIS SECTION. FOR THE PURPOSES OF THIS  SECTION,  RETALIATION
SHALL MEAN DISCHARGING OR OTHERWISE PENALIZING AN EMPLOYEE FOR:
  (A)  MAKING  OR  THREATENING  TO  MAKE,  A  COMPLAINT  TO AN EMPLOYER,
CO-WORKER, OR TO A  PUBLIC  BODY,  THAT  RIGHTS  GUARANTEED  UNDER  THIS
SECTION HAVE BEEN VIOLATED;
  (B)  CAUSING  TO BE INSTITUTED ANY PROCEEDING UNDER OR RELATED TO THIS
SECTION; OR
  (C) PROVIDING INFORMATION TO, OR TESTIFYING BEFORE,  ANY  PUBLIC  BODY
CONDUCTING AN INVESTIGATION, HEARING, OR INQUIRY INTO ANY SUCH VIOLATION
OF A LAW, RULE, OR REGULATION BY SUCH EMPLOYER.
  S 2. This act shall take effect immediately.