§ 2-10 Prohibition on Discrimination Based on Sexual or Reproductive Health Decisions.
RCNY § 2-10
The following requirements apply with respect to Title 8 of the Administrative Code's prohibition on unlawful discriminatory practices based on sexual or reproductive health decisions.
(a)Disparate Treatment Based on a Person's Sexual or Reproductive Health Decisions. It is a violation of § 8-107 of the Administrative Code for an employer to treat a person less well based on their sexual or reproductive health decisions. An employer's adverse treatment of employees because of their decision to receive services related to sexual or reproductive health, based on assumptions or stereotypes related to ability, behavior, or what is or is not healthy for an individual is unlawful.
(1)Examples of violations.
(i)An employer repeatedly chastises an employee for pursuing in vitro fertilization treatment, which the employer believes is not "natural." (ii) An employer repeatedly denigrates an employee who is undergoing treatment related to his infertility, joking about how the employee cannot get his wife pregnant.
(iii)A supervisor avoids meetings with one of the employees on their team after learning the employee sought preventative treatment for the human immunodeficiency virus (HIV).
(iv)An employer fires an employee after learning that the employee had an abortion.
(v)An employee openly treats their coworker with disgust after learning that the coworker is receiving treatment for a sexually transmitted infection. The employer is aware of this conduct but does nothing to address it.
(vi)An employee advises a supervisor that their partner is pregnant with their fourth child. The supervisor begins to routinely tell the employee they should have had a vasectomy, emailing them links to doctors who specialize in the surgery.
(b)Employment Policies that Facially Discriminate Against People Based on Their Sexual or Reproductive Health Decisions. Under the NYCHRL, employer policies may not target people for unequal treatment based on their sexual or reproductive health decisions.
(ii)An employer requires new hires to sign a pledge that they have not used and will not use birth control. (Added City Record 3/3/2021, eff. 4/2/2021; amended City Record 6/1/2021, eff. 7/1/2021)
