The U.S. Court of Appeals for the Second Circuit has reinstated New York’s requirement for employers to include a notice in employee handbooks regarding discrimination based on reproductive health decisions. This requirement, originally introduced in 2019 under Section 203-e of New York Labor Law, prohibits discrimination and retaliation against employees because of an employee’s (or their dependent’s) reproductive health decision making, including, but not limited to, a decision to use or access a particular drug, device, or medical service. The handbook notice must include employee rights and remedies under Section 203-e.
