The New York legislature recently enacted Section 203-e of New York’s Labor Law. Under the new law, and consistent with New York City law, employers in New York State are now prohibited from discriminating against an employee on the basis of the employee’s reproductive health decision making or that of an employee’s dependent, including, but not limited to, the decision to use or access a particular drug, device, or medical service.
By January 7, 2020, employers who provide employee handbooks to their employees must include in the handbook a notice of employees’ rights and remedies under Section 203-e.
This new law also prohibits New York employers from accessing an employee’s personal information regarding reproductive health decisions, requiring an employee to sign a waiver purporting to deny an employee the right to make their own reproductive health care decisions, and it prohibits employers from retaliating against an employee for exercising his or her rights under the law.
Please call BurnsBarton PLC at 602-753-4500 if you would like help updating your employee handbook or otherwise complying with this new law.