Makes certain provisions related to prohibition of discrimination based on an employee's or a dependent's reproductive health decision making severable.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8981
SPONSOR: Jaffee
 
TITLE OF BILL:
An act to amend the labor law, in relation to the severability of
certain provisions
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to amend Chapter 457 of the Laws of 2019 in
order to effectuate the intent of the law.
 
SUMMARY OF PROVISIONS:
Section 1 of the bill would add a new subdivision to § 203-e of the New
York State Labor Law to establish a severability clause.
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Not applicable.
 
JUSTIFICATION:
Section 203-e of the New York State Labor Law ensures that employees and
their dependents are able to make their own reproductive health care
decisions without incurring adverse employment consequences. As this law
continues to face challenges from stakeholders and other interest
groups, a severability clause is necessary in order to preserve the
remaining effects of such law in the event that certain provisions are
struck down by the courts.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as
457 of the laws of 2019, amending the labor law relating to discrimi-
nation based on an employee's or a dependent's reproductive health deci-
sion making, as proposed in legislative bill numbers S.660 and A.584,
takes effect.
STATE OF NEW YORK
________________________________________________________________________
8981
IN ASSEMBLY
January 7, 2020
___________
Introduced by M. of A. JAFFEE -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law, in relation to the severability of
certain provisions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 203-e of the labor law, as added by a chapter of
2 the laws of 2019, amending the labor law relating to discrimination
3 based on an employee's or a dependent's reproductive health decision
4 making, as proposed in legislative bill numbers S. 660 and A. 584, is
5 amended by adding a new subdivision 7 to read as follows:
6 7. If any word, phrase, clause, sentence, paragraph, subdivision, or
7 part of this section or the application thereof to any person or circum-
8 stances shall, for any reason, be adjudged by any court of competent
9 jurisdiction to be invalid, such judgment shall not affect, impair, or
10 invalidate the remainder thereof, and the application thereof to other
11 persons or circumstances, but shall be confined in its operation to the
12 word, phrase, clause, sentence, paragraph, subdivision, or part thereof
13 directly involved in the controversy in which such judgment shall have
14 been rendered and to the person or circumstances involved. It is hereby
15 declared to be the intent of the legislature that this section would
16 have been enacted even if such invalid provisions had not been included
17 herein.
18 § 2. This act shall take effect on the same date and in the same
19 manner as a chapter of the laws of 2019, amending the labor law relating
20 to discrimination based on an employee's or a dependent's reproductive
21 health decision making, as proposed in legislative bill numbers S. 660
22 and A. 584, takes effect.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02778-07-0