Assemblyman Fred W. Thiele, Jr. (I, D, WF-Sag Harbor) announced the Assembly passed a bill he supported to prevent an employer from discriminating or taking any retaliatory personnel action against employees based on their reproductive health decisions (A.1142-A).

Disturbingly, the Affordable Care Act (ACA) requirement that health insurance plans cover FDA-approved birth control methods without out-of-pocket costs has led to some employers attempting to block access to this benefit. This legislation – nicknamed the “Boss Bill” – is a response to the 2014 Hobby Lobby case, where the Supreme Court ruled that corporations can have religious beliefs of their own and, further, that these beliefs can be used to deny women health coverage for contraceptives based on those beliefs.

“We must work to ensure that women are free from discrimination in the workplace. Unfortunately, some employers are under the impression that their personal beliefs grant them the authority to interfere with women’s health and reproductive care,” said Thiele. “This bill puts an end to this confusion. A boss’ opinion on a woman’s personal health choices should not be grounds for discrimination.”

The Health Insurance Portability and Accountability Act (HIPPA) offers a high level of confidentiality. However, every employer receives health insurance utilization summaries, and based on the nature of the service, an employee’s identity may still be identifiable to the employer. Additionally, there are other avenues through which an employer may become aware of their employee’s personal information, including unintentional disclosure by a coworker or the employee herself, social media and electronic surveillance.

The Assembly’s legislation would also enable an employee who has been discriminated against on the basis of her reproductive health choices to bring a civil action against her employer. The court would be able to award damages, including back pay, benefits and reasonable attorney’s fees.

“A woman should never fear losing her job or being discriminated against for decisions she’s made about her health,” said Assemblyman Thiele. “Women should have the freedom to make personal health care decisions together with their doctor, and shouldn’t have to worry about what their employer might think.”