Recent Change to Labor Law Regarding Discrimination Based Upon Reproductive Health Decision-Making

Recent Change to Labor Law Regarding Discrimination Based Upon Reproductive Health Decision-Making

 

KEEPING YOU INFORMED…

As we advised you in our November 20, 2019 client memo (copy attached), Labor Law § 203-e was recently adopted. It prohibits employers from engaging in discriminatory or retaliatory personnel actions against an employee because of the employee’s or the employee’s dependent’s reproductive health decision-making. Section 203-e also prohibits employers from accessing personal information related to an employee’s or an employee’s dependent’s reproductive health decision-making. Employees may commence a civil action to enforce this provision and, if successful, would be entitled to injunctive relief, compensatory damages, attorneys’ fees and liquidated damages.

Section 203-e had originally stated that an employer who provides a handbook to its employees must immediately include a provision in that handbook (or prepare an addendum to the handbook) including a notice of employee rights and the available remedies pursuant to this new section of the Labor Law. Section 203-e has now been amended to allow an employer until January 7, 2020 to add this provision to its handbook.

If you have any questions regarding this new law or amending your employee handbook to comply with this new law, please contact Matthew J. Mehnert or one of our other attorneys by calling 631-694-2300.

THIS MEMORANDUM IS MEANT TO ASSIST IN GENERAL UNDERSTANDING OF THE CURRENT LAW. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. THOSE WITH PARTICULAR QUESTIONS SHOULD SEEK THE ADVICE OF COUNSEL.

© Lamb & Barnosky, LLP 2019

See attached November 20, 2019 client memo