The New York City Human Rights Law now prohibits employment-related discrimination and retaliation on the basis of an employee’s “sexual and reproductive health decisions.” Specifically, effective May 20, 2019, the law protects employees’ decisions to receive services such as fertility-related medical procedures, family planning services and counseling, pregnancy testing, and abortions. While the law does not require employers to provide coverage or benefits in connection with such services, it nonetheless expressly prohibits employers from making employment-related decisions based on an employee’s choice to engage in such services. New York City employers with four (4) or more employees should review their anti-discrimination policies to ensure that “sexual and reproductive health decisions” are covered as protected categories, and should inform and train their managerial and supervisory employees regarding their obligations as a result of this new provision.
