2019 NY Non-Discrimination Notification Is Back in Effect

On January 2, the Second Circuit overturned a prior injunction from 2022, creating an obligation for New York employers to comply with Labor Law Code Section 203-e. This means that New York employers must now include a statement in their employee handbooks affirming the prohibition on discrimination and retaliatory 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 dependent’s reproductive health decision making, including but not limited to, a decision to use or access a particular drug, device or medical service.”

The law itself prohibits a New York 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.”  

Employers who previously added  this language to their handbooks need not take action. Any employers who do not currently have this statement in their employee manual should consult with labor and employment counsel to have a compliant provision incorporated.

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