S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4413
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2019
                                ___________
 
 Introduced  by  Sen. METZGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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

              

 S. 4413                             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.