NY State Senate Bill S660

Archive: Last Bill Status - 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 (12)

	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 referred to codes delivered to assembly passed senate ordered to third reading cal.35 reported and committed to rules
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

S660 (ACTIVE) - Details

See Assembly Version of this Bill:: A584
Law Section:: Labor Law
Laws Affected:: Add §203-e, Lab L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6578, A8769
2015-2016: S2709, A1142
2017-2018: S3791, A566

S660 (ACTIVE) - Summary

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

S660 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S660

SPONSOR: METZGER
 
TITLE OF BILL:  An act to amend the labor law, in relation to discrim-
ination based on an employee's or a dependent's reproductive health
decision making

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit employers from discriminating against employees based on the
employees' or dependent's reproductive health decisions, and to provide
remedies for such violations.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the labor law by adding a new section 203-e to prohibit
discrimination based on an employee's or an employee's dependent's
reproductive health decision making. This section prohibits an employer
from accessing an employee's personal information regarding the employ-
ee's or the dependent's reproductive health decision 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, affir-
mative written consent.  s.k1 This section also prohibits discrimination
or any retaliatory action against an employee on the basis of the
employee's or a dependent's reproductive health decision making, includ-
ing, but not limited to, a decision to use or access a particular drug,
device or medical service. In addition, an employer may not require an
employee to sign a waiver or document which would deny an employee the
right to make their own reproductive health decisions.

The bill provides additional protections for the employee as any employ-
er who provides an employee handbook to its employees must include, in
the handbook, a notice of employee rights and remedies under this
section.

This section also makes clear that the bill does not conflict with any
other employee protections provided through any provision of law or
collective bargaining unit.

This section also provides that in a civil action alleging a violation
of this law, the court may award the plaintiff damages that include back
pay, benefits and reasonable attorney's fees and costs. In addition, the
court may order reinstatement or afford injunctive relief against an
employer in violation of this law. The court may also award the plain-
tiff liquidated damages equal to one hundred-percent of the award for
damages, unless an employer proves a good faith basis to believe that
its actions were in compliance with the law. This section also provides
that retaliation against an employee exercising rights granted under
this law shall subject an employer to separate civil penalties.

Section 2 establishes the effective date.

 
JUSTIFICATION:

This bill ensures that employees or their dependents are able to make
their own reproductive health care decisions without incurring adverse
employment consequences. The federal Affordable Care Act (ACA) recently
required that health insurance plans cover FDA-approved birth control
methods without out-of-pocket costs. Some for-profit employers have
attempted to prevent employees from accessing this benefit because it
conflicts with their personal beliefs. As a result, over 100 federal
lawsuits have been filed by employers to deny employees this benefit,
including employers operating in New York State. Employers should not be
able to discriminate or interfere in employees' personal medical deci-
sions.

While federal and state laws have been enacted which demonstrate a
commitment to protect individuals against employment discrimination,
loopholes exist which leave employees vulnerable to discrimination based
on their reproductive health decisions. The Legislature must ensure that
the legal loopholes are corrected to ensure that employees' decisions
about pregnancy, contraception, and reproductive health are also
protected under state law.

This bill is not about insurance coverage and is not intended to require
coverage for any health care service, drug or device.

This bill would prevent an employer from discriminating against employ-
ees based on reproductive health decisions, regardless of how the
employer became aware of those decisions. The Health Insurance Portabil-
ity and Accountability Act (HIPAA) does offer a high level of confiden-
tiality with regard to medical care and decisions. However, an employer
does receive health insurance utilization summaries, which are distrib-
uted to each employer on a regular basis. In these reports, personally
identifiable information is excluded to comply with privacy protections
of HIPAA. However, in some cases, an individual's identity may still be
deduced by an employer based on the nature of the service and composi-
tion of the insured class reported in the summaries. While a violation
of HIPAA would be an actionable violation of privacy, there are other
avenues in which an employer may become aware of their employees
personal information. It is not unlikely that this information could be
unintentionally disclosed by a co-worker, discovered through social
media or electronic surveillance currently available, or even disclosed
through a personal admission by the employee. Reproductive health care
decisions, while usually kept private, should not become s ociety's new
version of "Don't Ask, Don't Tell". Employees must be protected from
discrimination based on the reproductive health care decisions they
make. This legislation will provide that protection.

 
PRIOR LEGISLATIVE HISTORY:

3/13/18 Passed Assembly
6/12/17 Passed Assembly
6/7/16 Passed Assembly
6/16/15 Passed Assembly
6/18/14 Passed the Assembly.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediate.

S660 (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

senate Bill S660

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jan 22, 2019 - floor Vote

Floor Vote: Jan 22, 2019

Jan 22, 2019 - Labor committee Vote

Labor Committee Vote: Jan 22, 2019

Jan 22, 2019 - Rules committee Vote

Rules Committee Vote: Jan 22, 2019

Co-Sponsors

S660 (ACTIVE) - Details

S660 (ACTIVE) - Summary

S660 (ACTIVE) - Sponsor Memo

S660 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S660

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Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jan 22, 2019 - floor Vote

Floor Vote: Jan 22, 2019

Jan 22, 2019 - Labor committee Vote

Labor Committee Vote: Jan 22, 2019

Jan 22, 2019 - Rules committee Vote

Rules Committee Vote: Jan 22, 2019

Co-Sponsors

S660 (ACTIVE) - Details

S660 (ACTIVE) - Summary

S660 (ACTIVE) - Sponsor Memo

S660 (ACTIVE) - Bill Text download pdf

Comments