Assembly Bill A1142A

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

                                 1142--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced by M. of A. JAFFEE, DINOWITZ, COOK, GALEF, GOTTFRIED, CAHILL,
  FAHY,  CLARK,  SCHIMEL,  TITUS,  MOSLEY,  ZEBROWSKI,  PICHARDO, SIMON,
  STECK, BRINDISI,  MAYER,  SIMOTAS,  ARROYO,  JOYNER,  AUBRY,  LINARES,
  SEAWRIGHT, ABINANTI, SKOUFIS -- Multi-Sponsored by -- M. of A. BARRON,
  BRENNAN,  BROOK-KRASNY, BUCHWALD, CROUCH, DAVILA, DUPREY, GLICK, HOOP-
  ER, LUPARDO, MARKEY, PERRY, RIVERA, WRIGHT -- 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:
  (A) DISCRIMINATE NOR TAKE ANY RETALIATORY PERSONNEL ACTION AGAINST  AN
EMPLOYEE  WITH RESPECT TO COMPENSATION, TERMS, CONDITIONS, OR PRIVILEGES
OF EMPLOYMENT BECAUSE OF OR ON THE BASIS OF  THE  EMPLOYEE'S  OR  DEPEN-
DENT'S  REPRODUCTIVE  HEALTH DECISION MAKING, INCLUDING, BUT NOT LIMITED
TO, A DECISION TO USE OR ACCESS A PARTICULAR  DRUG,  DEVICE  OR  MEDICAL
SERVICE; OR
  (B)  REQUIRE  AN  EMPLOYEE  TO  SIGN  A WAIVER OR OTHER DOCUMENT WHICH
PURPORTS TO DENY AN EMPLOYEE THE RIGHT TO MAKE  THEIR  OWN  REPRODUCTIVE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03614-02-5

              

A. 1142--A                          2

HEALTH  CARE  DECISIONS,  INCLUDING USE OF A PARTICULAR DRUG, DEVICE, OR
MEDICAL SERVICE.
  3.  AN  EMPLOYER  THAT  PROVIDES AN EMPLOYEE HANDBOOK TO ITS EMPLOYEES
MUST INCLUDE IN THE HANDBOOK NOTICE  OF  EMPLOYEE  RIGHTS  AND  REMEDIES
UNDER THIS SECTION.
  4.  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.
  5.  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:
  (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  PARAGRAPH  (A) OF THIS SUBDIVISION UNLESS AN
EMPLOYER PROVES A GOOD FAITH  BASIS  TO  BELIEVE  THAT  ITS  ACTIONS  IN
VIOLATION OF THIS SECTION WERE IN COMPLIANCE WITH THE LAW.
  6. 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
OR RETALIATORY PERSONNEL  ACTION  SHALL  MEAN  DISCHARGING,  SUSPENDING,
DEMOTING, 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.