Assembly Bill A566A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  566--A
                                                          Cal. No. 88
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced by M. of A. JAFFEE, DINOWITZ, COOK, GALEF, GOTTFRIED, CAHILL,
   FAHY,  TITUS,  MOSLEY,  ZEBROWSKI,  PICHARDO,  SIMON, STECK, BRINDISI,
   MAYER, SIMOTAS, ARROYO, JOYNER, AUBRY, SEAWRIGHT,  ABINANTI,  SKOUFIS,
   PAULIN,  ROSENTHAL,  HUNTER,  HARRIS,  BICHOTTE, JEAN-PIERRE, HYNDMAN,
   DE LA ROSA, BLAKE, D'URSO, CARROLL, BRONSON -- Multi-Sponsored  by  --
   M.  of A. BARRON, BRAUNSTEIN, BUCHWALD, CROUCH, DAVILA, GLICK, HOOPER,
   LUPARDO, MAGEE, PERRY, RIVERA -- read once and referred to the Commit-
   tee on Labor -- reported and referred to the  Committee  on  Codes  --
   advanced  to a third reading, amended and ordered reprinted, retaining
   its place on the order of third reading
 
 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:
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01766-02-7

 A. 566--A                           2
 
   (B)  REQUIRE  AN  EMPLOYEE  TO  SIGN  A WAIVER OR OTHER DOCUMENT WHICH
 PURPORTS TO DENY AN EMPLOYEE THE RIGHT TO MAKE  THEIR  OWN  REPRODUCTIVE
 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.  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, BUT NOT LIMITED TO, BACK PAY, BENEFITS
 AND REASONABLE ATTORNEYS' FEES AND COSTS INCURRED TO A PREVAILING PLAIN-
 TIFF;
   (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.
   5.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO LIMIT ANY RIGHTS OF
 AN EMPLOYEE PROVIDED THROUGH ANY OTHER PROVISION OF LAW, COMMON  LAW  OR
 COLLECTIVE BARGAINING UNIT.
   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.
   § 2. This act shall take effect immediately.