NY State Assembly Bill A584

Archive: Last Bill Status Via S660 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 08, 2019	signed chap.457
Oct 28, 2019	delivered to governor
Jan 22, 2019	returned to senate passed assembly ordered to third reading cal.7 substituted for a584
Jan 22, 2019	substituted by s660
Jan 17, 2019	advanced to third reading cal.7
Jan 15, 2019	reported reported referred to codes
Jan 09, 2019	referred to labor

Votes

view votes

Jan 22, 2019 - floor Vote

S660

floor

Aye

Nay

Absent

Excused

Abstained

Jan 22, 2019 - Labor committee Vote

S660

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jan 22, 2019 - Rules committee Vote

S660

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A584 (ACTIVE) - Details

See Senate Version of this Bill:: S660
Law Section:: Labor Law
Laws Affected:: Add §203-e, Lab L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A8769, S6578
2015-2016: A1142, S2709
2017-2018: A566, S3791

A584 (ACTIVE) - Summary

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

A584 (ACTIVE) - Bill Text download pdf


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

    S. 660                                                    A. 584

                       2019-2020 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 9, 2019
                               ___________

IN  SENATE  --  Introduced  by Sens. METZGER, BAILEY, CARLUCCI, HOYLMAN,
  KRUEGER, MAYER, MONTGOMERY, PARKER, RIVERA, SANDERS, SAVINO,  SERRANO,
  STAVISKY  --  read  twice  and ordered printed, and when printed to be
  committed to the Committee on Labor

IN ASSEMBLY -- Introduced by M. of A. JAFFEE, HEASTIE,  DINOWITZ,  COOK,
  GALEF,  GOTTFRIED,  CAHILL,  FAHY, TITUS, MOSLEY, ZEBROWSKI, PICHARDO,
  SIMON, STECK, SIMOTAS, ARROYO,  JOYNER,  AUBRY,  SEAWRIGHT,  ABINANTI,
  PAULIN,   L. ROSENTHAL,   HUNTER,   BICHOTTE,   JEAN-PIERRE,  HYNDMAN,
  DE LA ROSA, BLAKE, D'URSO, CARROLL, BRONSON, OTIS, BURKE, CRUZ,  FALL,
  FRONTUS,  GRIFFIN,  JACOBSON, McMAHON, RAYNOR, ROMEO, REYES, SAYEGH --
  Multi-Sponsored by -- M. of A. BARRON, BRAUNSTEIN,  BUCHWALD,  DAVILA,
  GLICK, LIFTON, LUPARDO, PERRY, RIVERA -- read once and referred 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:
  §  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD02778-01-9

S. 660                              2                             A. 584

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.
  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.

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The New York State Senate

assembly Bill A584

Sponsored By

Archive: Last Bill Status Via S660 - Signed by Governor

Your Voice

Actions

Votes

Jan 22, 2019 - floor Vote

Floor Vote: Jan 22, 2019

Jan 22, 2019 - Labor committee Vote

Committee Vote: Jan 22, 2019

Jan 22, 2019 - Rules committee Vote

Committee Vote: Jan 22, 2019

Co-Sponsors

Multi-Sponsors

A584 (ACTIVE) - Details

A584 (ACTIVE) - Summary

A584 (ACTIVE) - Bill Text download pdf

Comments

assembly Bill A584

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Sponsored By

JAFFEE

Archive: Last Bill Status Via S660 - Signed by Governor

Your Voice

Actions

Votes

Jan 22, 2019 - floor Vote

Floor Vote: Jan 22, 2019

Jan 22, 2019 - Labor committee Vote

Committee Vote: Jan 22, 2019

Jan 22, 2019 - Rules committee Vote

Committee Vote: Jan 22, 2019

Co-Sponsors

Carl Heastie

Jeffrey Dinowitz

Vivian Cook

Sandy Galef

Richard Gottfried

Kevin Cahill

Patricia Fahy

Michele Titus

Walter T. Mosley

Kenneth Zebrowski

Victor M. Pichardo

Jo Anne Simon

Phil Steck

Aravella Simotas

Carmen E. Arroyo

Latoya Joyner

Jeffrion Aubry

Rebecca Seawright

Thomas Abinanti

Amy Paulin

Linda Rosenthal

Pamela J. Hunter

Rodneyse Bichotte

Kimberly Jean-Pierre

Alicia Hyndman

Carmen De La Rosa

Michael Blake

Anthony D'Urso

Robert C. Carroll

Harry B. Bronson

Steven Otis

Patrick Burke

Catalina Cruz

Charles Fall

Mathylde Frontus

Judy Griffin

Jonathan Jacobson

Karen McMahon

Taylor Darling

Jamie Romeo

Karines Reyes

Nader sayegh

Harvey Epstein

Charles Lavine

Al Taylor

Fred Thiele

David Weprin

Ron Kim

Nathalia Fernandez

Inez E. Dickens

David Gantt

Multi-Sponsors

Inez Barron

Edward Braunstein

David Buchwald

Maritza Davila

Deborah Glick

Barbara Lifton

Donna Lupardo

N. Nick Perry

Jose Rivera

A584 (ACTIVE) - Details

A584 (ACTIVE) - Summary

A584 (ACTIVE) - Bill Text download pdf

Comments