S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6678
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 15, 2019
                                ___________
 
 Introduced by M. of A. JAFFEE -- read once and referred to the Committee
   on Labor
 
 AN  ACT to amend the labor law, in relation to notice of employee rights
   and remedies
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section  203-e of the labor law, as added by a chapter of
 the laws of 2019, amending the  labor  law  relating  to  discrimination
 based  on  an  employee's  or a dependent's reproductive health decision
 making, as proposed in legislative bill numbers S. 660 and  A.  584,  is
 amended 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
 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.
                                                            LBD02778-03-9

              

 A. 6678                             2
 
   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.] 4. 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.] 5. Any act of retaliation for an employee exercising  any  rights
 granted  under  this section shall subject an employer to separate civil
 penalties under this section. For the purposes of this section,  retali-
 ation  or  retaliatory personnel action shall mean discharging, suspend-
 ing, 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. Section 203-e of the labor law, as added by a chapter of the laws
 of 2019, amending the labor law relating to discrimination based  on  an
 employee's  or  a  dependent's  reproductive  health decision making, as
 proposed in legislative bill numbers S. 660 and A. 584,  is  amended  by
 adding a new subdivision 6 to read as follows:
   6.  AN  EMPLOYER  THAT  PROVIDES AN EMPLOYEE HANDBOOK TO ITS EMPLOYEES
 MUST INCLUDE IN THE HANDBOOK NOTICE  OF  EMPLOYEE  RIGHTS  AND  REMEDIES
 UNDER THIS SECTION.
   §  3.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2019, amending the labor law relating
 to discrimination based on an employee's or a  dependent's  reproductive
 health  decision  making, as proposed in legislative bill numbers S. 660
 and A. 584, takes effect; provided, however that section two of this act
 shall take effect on the sixtieth day after such chapter of the laws  of
 2019, takes effect.