On December 20, 2018, the New York City Council voted to prohibit employment discrimination based on an individual’s reproductive health choices. The Council approved an amendment to the New York City Human Rights Law (NYCHRL) which will add “sexual and reproductive health decisions” to the list of protected classes under the law.

The amendment will make it illegal for New York City employers with four or more employees to discriminate against applicants or employees based on sexual and reproductive health decisions. Specifically, the new protected category will cover the following: “any decision by an individual to receive services, which are arranged for or offered or provided to individuals relating to sexual and reproductive health, including the reproductive system and its functions. Such services include, but are not limited to, fertility-related medical procedures, sexually transmitted disease prevention, testing, and treatment, and family planning services and counseling, such as birth control drugs and supplies, emergency contraception, sterilization procedures, pregnancy testing, and abortion.”

If the amendment is signed by Mayor de Blasio, the law will take effect 120 days after enactment. We will continue to keep you updated on further developments.