Relates to the prohibition of discrimination based on an individual's or a dependent's reproductive health decision making.
TITLE OF BILL: An act to amend the labor law, in relation to prohibiting discrimination by an employer based on an employee's decisions regarding his or her reproductive health
PURPOSE OR GENERAL IDEA OF BILL:
To ensure that individuals are able to make their own reproductive health care decisions without incurring adverse employment consequences because of their employers' personal beliefs about those decisions.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the labor law by adding a new section 203-e to prohibit an employer from discriminating against an employee on the basis of the individual's or a dependent's reproductive health decision making, including a decision to use or access a particular drug, device or medical service. It also prohibits discrimination based on an employer's personal beliefs about such services.
Section 2 makes clear that the bill does not conflict with any other employee protections provided through any provision of law or collective bargaining agreement.
Section 3 establishes the effective date.
The Affordable Care Act (ACA) requires 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 and, as a result, over 100 federal lawsuits have been filed by employers to deny employees this benefit. Employers should not be able to discriminate or interfere in employees' personal medical decisions because of the employer's personal beliefs.
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.
PRIOR LEGISLATIVE HISTORY:
This is new legislation.
This Act shall take effect immediately
STATE OF NEW YORK ________________________________________________________________________ 6578 IN SENATE February 7, 2014 ___________Introduced by Sens. KRUEGER, HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law, in relation to prohibiting discrimination by an employer based on an employee's decisions regarding his or her reproductive health 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: S 203-E. REPRODUCTIVE HEALTHCARE DECISIONS; DISCRIMINATION PROHIBITED. 1. AN EMPLOYER SHALL NOT DISCRIMINATE AGAINST AN INDIVIDUAL WITH RESPECT TO COMPENSATION, TERMS, CONDITIONS, OR PRIVILEGES OF EMPLOYMENT BECAUSE OF OR ON THE BASIS OF THE INDIVIDUAL'S OR A DEPENDENT'S REPRODUCTIVE HEALTH DECISION MAKING, INCLUDING A DECISION TO USE OR ACCESS A PARTIC- ULAR DRUG, DEVICE OR MEDICAL SERVICE, OR BECAUSE OF OR ON THE BASIS OF AN EMPLOYER'S PERSONAL BELIEFS ABOUT SUCH SERVICES. 2. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT ANY RIGHTS OF AN EMPLOYEE PROVIDED THROUGH ANY OTHER PROVISION OF LAW OR COLLECTIVE BARGAINING AGREEMENT. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13689-01-4