California has enacted legislation (Senate Bill 523) that will prohibit employers with five or more employees from discriminating against applicants and employees because of their reproductive health decision making. This change takes effect Jan. 1, 2023.
The Details:
Senate Bill 523 also prohibits employers with five or more employees from requiring the disclosure of information related to an applicant’s or an employee’s reproductive health decision making as a condition of employment, continued employment or a benefit of employment.
Under the law, reproductive health decision making includes, but is not limited to, a decision to use or access a particular drug, device, product or medical service for reproductive health.
Beginning in 2024, Senate Bill 523 will also mandate that health plans have expanded contraceptive coverage and reductions in costs for accessing reproductive health services. See the text of the law for details.
Note: Separately, California enacted Assembly Bill 2091, which took effect immediately on September 27, 2022. Assembly Bill 2091 prohibits an employer from releasing medical information in response to a subpoena or a request or to law enforcement that would identify an individual or a person related to an individual seeking or obtaining an abortion. This prohibition applies if that subpoena, request, or act of law enforcement is for the purpose of enforcing either another state’s laws that interfere with a person’s rights to obtain an abortion or a foreign penal civil action.
Next Steps:
Covered employers should review policies and practices to ensure compliance with Senate Bill 523 (and Assembly Bill 2091). Supervisors should also be trained on the laws.
Please contact your ADP service professional if you have any questions.