A Northern District of New York court has permanently enjoined the statewide requirement that employers include a notice of workers’ rights and remedies in their employee handbooks regarding the prohibition on discrimination based on reproductive health care choices.
The requirement, which took effect in November 2019, was part of a broader bill amending the New York Labor Law to prohibit employers from accessing information on employees’ or dependents’ reproductive health without prior consent, as well as generally prohibiting discrimination and retaliatory 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.” To that end, employers that maintain an employee handbook were required to include in the handbook a notice of employee rights and remedies under this law.
In CompassCare et al. v. Cuomo, Case 1:19-cv-01409-TJM-DJS, several faith-based employers challenged the law in its entirety on the basis of violations of constitutional protections under the First Amendment. While the majority of the claims were previously dismissed, in its March 29, 2022 decision, the Northern District of New York found that the notice requirement compelled the Plaintiffs to deliver a message contrary to their religious beliefs as they relate to...
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