senate Bill S3791A

2017-2018 Legislative Session

Relates to the prohibition of discrimination based on an individual's or a dependent's reproductive health decision making

download bill text pdf

Sponsored By

Current Bill Status - In Senate Insurance Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 16, 2017 print number 3791a
May 16, 2017 amend and recommit to insurance
May 01, 2017 reported and committed to insurance
Mar 13, 2017 notice of committee consideration - requested
Jan 27, 2017 referred to labor

Votes

view votes

May 1, 2017 - Labor committee Vote

S3791
8
3
committee
8
Aye
3
Nay
3
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Committee Vote: May 1, 2017

nay (3)
aye wr (3)
excused (1)

Sponsor's Position

This is the 21st century – no boss should be able to tell an employee she can’t have access to birth control.

Co-Sponsors

view additional co-sponsors

S3791 - Details

See Assembly Version of this Bill:
A566A
Law Section:
Labor Law
Laws Affected:
Add §203-e, Lab L
Versions Introduced in Previous Legislative Sessions:
2015-2016: S2709A, A1142A
2013-2014: S6578B, A8769A

S3791 - Summary

Relates to the prohibition of discrimination based on an individual's or a dependent's reproductive health decision making.

S3791 - Sponsor Memo

S3791 - Bill Text download pdf

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

                                  3791

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 27, 2017
                               ___________

Introduced  by  Sens. KRUEGER, AVELLA, BAILEY, CARLUCCI, DILAN, HOYLMAN,
  MONTGOMERY, PARKER, PERALTA, PERKINS, RIVERA, SAVINO,  SERRANO,  SQUA-
  DRON,  STAVISKY -- read twice and ordered printed, and when printed to
  be committed to the Committee on Labor

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
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01766-01-7

Co-Sponsors

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S3791A (ACTIVE) - Details

See Assembly Version of this Bill:
A566A
Law Section:
Labor Law
Laws Affected:
Add §203-e, Lab L
Versions Introduced in Previous Legislative Sessions:
2015-2016: S2709A, A1142A
2013-2014: S6578B, A8769A

S3791A (ACTIVE) - Summary

Relates to the prohibition of discrimination based on an individual's or a dependent's reproductive health decision making.

S3791A (ACTIVE) - Sponsor Memo

S3791A (ACTIVE) - Bill Text download pdf

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

                                 3791--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 27, 2017
                               ___________

Introduced  by  Sens. KRUEGER, AVELLA, BAILEY, CARLUCCI, DILAN, HOYLMAN,
  MONTGOMERY, PARKER, PERALTA, RIVERA, SANDERS, SAVINO,  SERRANO,  SQUA-
  DRON,  STAVISKY -- read twice and ordered printed, and when printed to
  be committed to the Committee on Labor -- reported favorably from said
  committee and committed to the Committee  on  Insurance  --  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
HEALTH CARE DECISIONS, INCLUDING USE OF A PARTICULAR  DRUG,  DEVICE,  OR
MEDICAL SERVICE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01766-03-7

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