The U.S. Court of Appeals for the Second Circuit has reinstated the New York Reproductive Health Bias Law’s requirement that New York State employers include a notice in their employee handbooks regarding the law’s prohibition on discrimination and retaliation based on employees’ or their dependent’s reproductive health care decisions.

Specifically, the law prohibits discrimination based on an employee’s or a dependent’s reproductive health decision making and prohibits an employer from accessing an employee’s personal information regarding the employee’s or the employee’s dependent’s reproductive health decision 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. 

Further, the law requires that any employer that provides an employee handbook to its employees must include in the handbook notice of employee rights and remedies under the law.  (N.Y. Labor Law §203-e).  The law outlines employee remedies, as follows:

Employees may pursue civil court action against employers alleged to have violated the Act seeking an award of the following remedies:

• Damages to prevailing plaintiffs, including, but not limited to, back pay, benefits, reasonable attorneys’ fees and costs incurred;
• Injunctive relief against an employer that commits or proposes to commit a violation of the Act;
• Reinstatement; and/or
• Liquidated damages equal to 100% of the award for damages, unless the employer proves a good faith basis to believe that its actions in violation of the Act were in compliance with the law.

This requirement includes informing employees of their rights to make reproductive health decisions and not be discriminated against or retaliated against for such decisions.  The requirement is effective immediately and therefore, New York Employers that issue employee handbooks must include a notice to employees of their rights and remedies under Section 203-e in their employee handbooks or in an addendum. 

Should you have any questions, please contact Ali Law Group.

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