Employees working in New York State are protected from employment discrimination based on their, or a dependent’s reproductive health decision making, including, but not limited to, the decision to use or access a particular drug, device, or medical service.

Under Section 203-e of the New York State Labor Law employers are prohibited from:

1. Accessing an employee’s personal information regarding the employee’s or the employee’s dependent’s reproductive health decision making without the employee’s prior informed affirmative written consent;
2. Discriminating against or taking 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; or
3. Requiring an employee “to sign a waiver or other document” that denies the employee the “right to make their own reproductive health care decisions.”