Reproductive Health Decision Making

The University understands the requirements of Section 203-e of the New York Labor Law, which protects employees on the basis of reproductive health decision making.  Employees have a right to make their own reproductive health care decisions.  For purposes of this policy, reproductive health decision making includes, but is not limited to, the decision to use or access a particular drug, device, or medical service.

Access to Personal Information

It is unlawful for the University to access an employee’s personal information regarding the reproductive health decision making of the employee, or the employee’s dependents, without prior informed affirmative written consent from the employee. The University will not access such information without first obtaining informed affirmative written consent from the employee.

Discrimination and Retaliation

Discrimination and retaliation on the basis of the reproductive health decision making of the employee or the employee’s dependents is unlawful. Employees have a right to be free from discrimination and retaliation with respect to compensation, terms, conditions, or privileges of employment, because of or on the basis of the reproductive health decision making of the employee or the employee’s dependents. For purposes of this policy, an act of retaliation includes discharge, suspension, demotion, or otherwise penalization for: making or threatening to make a complaint to an employee, co-worker, or to a public body alleging a violation of rights guaranteed under New York Labor Law 203-e were violated; causing to be instituted any proceeding under or related to New York Labor Law 203-e; or providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry into any such violation of law, rule or regulation by the employer.

Remedies

Employees who believe that their rights under this policy and/or New York Labor Law 203-e have been violated are encouraged to make a report to Human Resources as soon as practicable. The University will promptly investigate and take appropriate remedial action commensurate with the circumstances. Individuals who have been found to have violated this policy will be subject to discipline, up to and including termination of employment.

Employees may also bring a civil action lawsuit alleging a violation of their rights under New York Labor Law 203-e to seek other remedies as provided under the law.

Effective date for New York State Law: January 7, 2020
Policy Caretaker:  Lisa M. Cania, Vice President for Community and Employee Relations