Second Circuit Reinstates New York Reproductive Health Notice of Rights Requirement for Employee Handbooks
In a January 2, 2025 decision in CompassCare et al. v. Hochul , a Second Circuit panel vacated a permanent injunction issued in April 2022 that halted the requirement that New York State employers include a notice in their employee handbooks regarding the prohibition on discrimination based on reproductive health care choices. As a result, employers statewide will once again be required to include such notice in their handbooks. Background The notice requirement, which first took effect in November 2019 , was part of a broader amendment to the New York Labor Law adding a new Section 203-e prohibiting employers from accessing information on employees’ or their dependents’ reproductive health without prior consent, as well as generally prohibiting discrimination and retaliation against an employee “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 part...