BILL NUMBER: S6874

SPONSOR: AVELLA
 
TITLE OF BILL:

An act to amend the labor law, in relation to prohibiting employers from
requiring an employee to be implanted with a microchip

 
PURPOSE:

The purpose of this bill is to prevent the forced microchipping of
employees as a condition of employment.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill amends the labor law by adding section 201-g
concerning the prohibition of employers requiring their employees to be
microchipped as a condition of employment, and making such action a
class A misdemeanor.

Section 2 of this bill states that this act shall take effect immediate-
              

ly after it shall have become a law

 
JUSTIFICATION:

Employers in several states are beginning to utilize microchipping tech-
nology by offering optional implants of radio frequency identification
devices ("RFID") into employees enabling them to connect to workplace
systems via these devices.

A report by the American Medical Association's Council on Ethical and
Judicial Affairs underscores the ethical issues connected with human
RFID microchip implants. The report noted that such implants can present
physical risks to patients including causing interference with electro-
magnetic devices and defibrillators. Further, the report found that the
implants raise privacy and security issues.

As New York remains an at-will employment state, employers could make
these implants mandatory as a condition of employment. No employee
should be forced to sacrifice their bodily autonomy as a prerequisite to
obtaining or keeping their employment.

Several states across the country have already enacted laws to prohibit
this practice, and it is imperative that New York join these states in
ensuring that the bodily integrity of our citizens is not violated.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately after it shall have become a law