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The Reproductive Health Act (RHA), enacted in 2019, codified reproductive rights in New York State law, including the fundamental right to access contraception, abortion, and other reproductive health care services. The RHA also prohibited discrimination in employment based on an individual’s reproductive health decisions.
To support this law, employers in New York State were required to provide employees with a written notice of their reproductive health rights under Section 203-e of the New York Labor Law. This notice ensured employees were aware of their legal protections and rights related to reproductive health.
However, in 2022, a federal court in Upstate New York permanently removed the requirement that New York employers include written notice of employees’ rights in their employee handbooks regarding reproductive health decisions.
New Ruling Reinstates Handbook Notice Requirement
A recent court ruling vacated the permanent injunction that had previously prevented certain provisions related to employee handbooks from being enforced. This decision reinstates the requirement for employers to include specific language on reproductive health rights in their employee handbooks. Employers must:
Incorporate Updated Language
Ensure employee handbooks reflect the latest reproductive health rights language mandated by the New York Department of Labor.
Distribute Updated Handbooks
Provide the revised handbooks to all employees promptly, along with a clear explanation of the changes.
Maintain Documentation
Keep records of handbook distribution to demonstrate compliance in the event of an audit or legal inquiry.
Employers should consult with an attorney to address any specific questions or concerns about compliance with this law.
Does Your Employee Handbook Need Updating?
Laws are added and changed all the time, which means you need to stay on top of these changes to ensure your workplace is in compliance. It can be daunting if you don’t have a full-time HR staff. That’s where GTM can help. Whether it’s making changes to your employee handbook or any other HR task, our consultants can work with you on a consistent basis or just for occasional HR assistance. We’ll customize a plan that ensures HR issues don’t slip through the cracks. Fill out the brief form below to learn more.
