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New York Expands Discrimination Protection to Reproductive Health Decision-Making

Blank Rome Workplace

On November 9, Governor Cuomo signed into law an amendment to the New York Labor Law making it illegal to discriminate against employees based upon the reproductive health decisions of employees or their dependents. The law went into effect immediately upon signing.

Specifically, the new law (N.Y. Labor Law § 203-e):

  • Prohibits an employer from accessing an employee’s personal information regarding reproductive health decision-making without the “employee’s prior informed affirmative written consent.”
  • Prohibits an employer from taking “retaliatory personnel action” against an employee…

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