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NYC Protections for Reproductive Health

Update: NYC Protections for Reproductive Health Decisions Now in Effect

By Fox Rothschild, LLP

Effective since May 20, 2019, the New York City Human Rights Law prohibits discrimination relating to an employee’s “sexual and reproductive health decisions.”

Effective since May 20, 2019, the New York City Human Rights Law prohibits discrimination relating to an employee’s “sexual and reproductive health decisions.” As reported in our January 2019 alert, employers may not discriminate on the basis of “any decision by the employee to receive services which are arranged for or offered or provided to individuals relating to the reproductive system and its functions.”

Examples of sexual and reproductive health decisions identified in the law are:

  • Fertility-related medical procedures
  • Family planning services and counseling
  • Access to all medically approved birth control drugs and supplies
  • Emergency contraception
  • Sterilization procedures
  • Pregnancy testing
  • Sexually transmitted disease testing and treatment
  • Abortion procedures
  • HIV testing and counseling

Our initial alert reported that employers would need to provide a written notice to all employees informing them of these protections. However, there is no longer a separate notice requirement for sexual and reproductive health decisions as this stipulation was removed prior to the law's enactment. Employers should still ensure that handbooks, anti-discrimination policies and other relevant policies are updated to include sexual and reproductive health decisions as protected.

 

For more information about this alert, please contact Carolyn D. Richmond at 212.878.7983 or crichmond@foxrothschild.com, Glenn S. Grindlinger at 212.905.2305 or ggrindlinger@foxrothschild.com, or Alexander W. Bogdan at 212.878.7941 or abogdan@foxrothschild.com.

 

This publication is intended for general information purposes only. It does not constitute legal advice. The reader should consult with knowledgeable legal counsel to determine how applicable laws apply to specific facts and situations. This publication is based on the most current information at the time it was written. Since it is possible that the laws or other circumstances may have changed since publication, please call us to discuss any action you may be considering as a result of reading this publication.


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