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New Laws For 2019: New York Labor Law Section 203-e


Earlier this year, the New York State Legislature passed a bill that prohibits employers in the state from engaging in employment discrimination based on an employee’s or dependent’s “reproductive health decision making.”  New York Governor Andrew Cuomo signed the legislation into law last month.

The legislation, which adds Section 203-e to the state’s labor law, does several things:  1) employers cannot access an employee’s personal information in regard to the employee’s (or employee’s dependent’s) reproductive health decisions without the employee’s informed written consent, 2) employers cannot discriminate or take any retaliatory action against an employee in regard to compensation, terms, conditions or privileges of employment because of or based on the employee’s (or the employee’s dependent’s) reproductive health decisions, and 3) employers are barred from requiring employees to sign a waiver, or other document, that purports to deny employees the right to make their own reproductive healthcare decisions.  Interestingly enough, for employers in the state that provide employee handbooks, this information must be included.

Notably, the legislation does have some teeth to it, in regard to an employer’s liability for a violation. Employees are entitled to bring their own private cause of action against an employer and may recover back pay, benefits, reasonable attorney’s fees, injunctive relief, and/or reinstatement.  A court may also award an employee liquidated damages equal to 100% of the award for damages, unless the employer can establish a good faith basis to believe its actions were in compliance with the law.  Further, civil penalties may be imposed against an employer that retaliates against an employee for filing a complaint under this new law.  (Retaliation includes “discharging, suspending, demoting, or otherwise penalizing” an employee for “making or threatening to make a complaint to an employer, a co-worker, or to a public body.”)

With the law already in effect, employers in New York would be smart to examine their business practices and ensure compliance...including taking steps to include this information in any employee handbooks currently in use.


For a copy of the legislation:  https://legislation.nysenate.gov/pdf/bills/2019/S660

For additional information on the legislation, including how the New York State Legislature voted:  https://www.nysenate.gov/legislation/bills/2019/s660

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