NYC Prohibits Discrimination Based on Sexual and Reproductive Health Decisions


Following recent bans on hair discrimination and pre-employment testing for marijuana, the New York City Council has now banned discrimination based on an employee’s “sexual and reproductive health decisions,” by adding it to the list of protected categories under NYC law.

“Sexual and reproductive health decisions” are defined as “any decision by an individual to receive services, which are arranged for or offered or provided to individuals relating to sexual and reproductive health, including the reproductive system and its functions.” The new law provides examples of such services to include: “fertility-related medical procedures, sexually transmitted disease prevention, testing, and treatment, and family planning services and counseling, such as birth control drugs and supplies, emergency contraception, sterilization procedures, pregnancy testing, and abortion.” Employers whose policies list the protected categories under NYC law should update them to include this new designation.