On January 2, 2025, the Second Circuit in CompassCare v. Hochul, vacated a lower court’s injunction that halted the implementation of a requirement that New York State employers include a notice in their employee handbooks regarding the prohibition on discrimination based on reproductive health care choices. As a result, employers statewide will once again be required to include such notice in their handbooks.
Background
The Second Circuit’s recent ruling arises from a dispute regarding employers’ obligations to provide their employees with notice of their rights under the Act, titled “Prohibition on discrimination based on an employee’s or a dependent’s reproductive health decision making,” which became effective Jan. 7, 2020. The law was intended to “ensure[] that employees or their dependents are able to make their own reproductive health care decisions without incurring adverse employment consequences.” (See New York State Assembly Bill A584 Summary, Senate Bill 660 Bill Summary; Sponsor Memo).
New York’s Reproductive Health Bias Law
Under the Act, an employer is not permitted to “discriminate nor take any retaliatory personnel 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.” Employers are also prohibited 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.”
The Act requires that employers provide an employee handbook to employees to include a notice of the employees’ rights and remedies under the Act.
Employees claiming a violation of the Act may file a civil action and can recover (i) damages, including back pay and attorneys’ fees and costs; (ii) injunctive relief; (iii) reinstatement; and/or (iv) liquidated damages. The Act also permits civil penalties against an employer that retaliates against an employee for exercising rights under the Act.
Takeaways for Employers
New York employers are required to provide an employee handbook that includes a notification to employees of their rights and remedies under the Act.
For questions or concerns regarding this alert, please contact any member of the Poricanin Law team.