The U.S. Court of Appeals for the Second Circuit issued a decision in Slattery v. Hochul, reversing the dismissal of a First Amendment challenge to New York Labor Law §203-e (also referred to as the “Boss Bill”). The Boss Bill prohibits employers from taking adverse employment actions against employees based upon their reproductive health decisions, including “a decision to use or access a particular drug, device or medical service,” and also forbids employers from “accessing an employee’s personal information regarding the employee’s . . . reproductive health decision making.” The term “reproductive health decision making” necessarily would include an employee’s decision to have an abortion or use contraception. The Boss Bill, unlike Title VII of the Civil Rights Act, does not contain an exemption for religiously affiliated organizations.
Blog Editors
Recent Updates
- Video: New DOJ Memo Warns Employers—Rethink DEI Programs Now - Employment Law This Week
- Training Artificial Intelligence and Employer Liability: Lessons from Schuster v. Scale AI
- Video: Nationwide FLSA Lawsuits Just Got Harder—Here’s Why - Employment Law This Week
- Video: NLRB Quorum Limbo, DOL Deregulation Push, Coldplay Concert Exposes Workplace Romance - Employment Law This Week
- Video: A Counterintuitive Approach to Winning Without Litigation - One-on-One with Haley Morrison