Aimed to prohibit discrimination against protected classes, groups, or characteristics of people, anti-discrimination or non-discrimination laws comprise some of the most important laws in the field of employment. Generally, private employers are prohibited by federal employment anti-discrimination laws from discriminating against individuals under their employment based on protected attributes, categories, and characteristics that include but are not limited to race/color, citizenship status, national origin, age, and sex. In addition, although a good number of them expand and mirror protections and provisions of many federal laws, various states have enacted, passed, and implemented their own anti-discrimination laws.

With respect to specific protected attribute(s), we have, in this blog, analyzed key provisions, statutes, and protections of federal employment anti-discrimination laws and compared them with their counterparts under New York state laws. Specifically, in relation to the protections and provisions provided under various local, state, and federal employment anti-discrimination laws, “reproductive health decision making” is the protected characteristic/category discussed herein. Other protected attributes, categories, classes, and characteristics will be discussed in upcoming blogs.

It is crucial to note that while laws, such as the Family and Medical Leave Act and Fair Labor Standards Act, which aim to create protections or benefits for employees other than protections against discrimination, have not been included in the analysis, only those statutes and laws that seek to prohibit discrimination have been included in the analysis and comparison.

Another key thing to note is that while the information provided only applies to private employers, several laws aimed at prohibiting retaliation against employees covered by different protections and provisions of various local, state, and federal laws have also been included in the analysis and comparison.

It is also important to note that for the purposes of record, the information provided herein was current as of February 10, 2022.

Key Statutes & Protections Against Employment Discrimination Based on Reproductive Health Decision Making

Federal Laws

There is no applicable federal law.

New York Laws

  1. Prohibition of Discrimination Based on an Employee’s or a Dependent’s Reproductive Health Decision Making – However, the New York labor law prohibits discrimination based the reproductive health decision making of an employee or his/her dependent(s) pursuant to N.Y. Lab. Law § 203-e. Notably, pursuant to N.Y. Lab. Law § 203-e(1), employers are prohibited from engaging in discrimination based on the reproductive health decision making of an employee or his/her dependent(s) in areas that include, but not limited to decisions concerning the access or use of (1) medical service(s), medical device(s), or particular drug(s).

As usual, in case you need further clarification regarding the information shared in this blog post, we, the authoritative force in Employment & Labor Law, serving as primary counsel or cumis counsel and providing diverse legal services in both a traditional and online, web-based environment, whether it be for small or large-scale businesses on a panel or a case-by-case basis, are just a call or email away!

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Always rising above the bar,

Isaac T.,

Legal Writer, Author, & Publisher.