The Boss Bill Is A Loophole That Will Usurp The First Amendment


The New York Progressive Democrats are afraid SCOTUS will throw out the HHS Mandate when it renders its decision on the Hobby Lobby suit but they have a plan.

The Boss Bill was introduced in March by Manhattan Democrat Sen. Liz Krueger and Assembly member Ellen Jaffee (D) under the guise of closing a loophole to protect an employee and/or their dependent from being discriminated against based upon their reproductive health choices. This week the Boss Bill was passed by the New York Assembly and is pending a vote in the New York State Senate. (Senate bill S06578).

The intent of this bill is more than obvious. The claim that the Boss Bill is not about employers providing health insurance coverage for birth control is what is misleading. The bill’s claimed intent is to close a loophole giving an employee and/or their covered dependents protection from an employer who might discriminate against an employee or their dependent because of their individual reproductive choices.

A summary of the “Boss Bill’s” specific provisions reveals otherwise:

Section 1 amends the labor law by adding a new section 203-e to prohibit an employer from discriminating against an employee on the basis of the individual’s or a dependent’s reproductive health decision making, including a decision to use or access a particular drug, device or medical service. It also prohibits discrimination based on an employer’s personal beliefs about such services.

In other words, if an employee is not provided free birth control, they can make a case that their employer is preventing the employee and/or dependent from making their personal reproductive choices and thus the employer discriminates against them. This opens the door to State penalties and civil law suits. In essence the ‘Boss Bill’ does force an employer who has personal religious beliefs against providing abortifacients to their employees and/or dependent, to have their First Amendment Right to Religious Freedom violated.

While the Boss Bill A08769 claims not to mandate employers to provide birth control, it does indirectly with the broad scope of “discrimination”.

To see how your Assembly member voted and to read the bill, A08769, please go to this link:

Assembly members who voted for this bill, including some Republicans, insist that the Boss Bill is necessary to close a loophole and will protect employees from employer discrimination. They say that it has nothing to do with an employer being forced against their religious beliefs to provide abortion inducing drugs, as the Hobby Lobby lawsuit alleges.

Others believe otherwise.

birth control copy

Courtney O’Brien writes in Townhall that the ‘Boss Bill’ is forcing employers to provide birth control coverage: townhall

The Albany Merced Sun-Star headline reads: “NY Assembly passes birth control insurance bill”, Wall Street Journal

Tiffany Brooks on June 19, 2014 writes in The Legislative Gazette, ‘Boss Bill’ prevents employer’s religious beliefs from infringing on women’s health care decisions: Legislative Gazette

The passage of the Boss Bill in the Assembly is celebrated by Planned Parenthood.

We are so excited to tell you that the Boss Bill has passed the Assembly, and your Assembly member helped make that happen!

The Boss Bill is a common sense piece of legislation that will stop workplace discrimination based on reproductive health choices.

Your personal health care decisions are none of your boss’s business, and yesterday the Assembly and your Assembly member stood up for your ability to control your personal health care decisions.

Please join us in thanking your Assemblymember for voting YES on the Boss Bill!

The Boss Bill implies that there are employees and/or dependents who are being discriminated against because of their personal reproductive health choices.


Can you name a case where an employer has fired an employee for having an abortion or used birth control?

I know from my involvement in the pro-life community in New York State, that both the mother and the child are shown love and compassion.

By the way, birth control is affordable and if a woman has a financial need for assistance it is my understanding that she may qualify for “free” birth control from Planned Parenthood.


Planned Parenthood and other abortion groups applaud the passage of this bill in the Assembly because it places a “women’s right to choose” above that of an individual’s right to Religious Freedom.

The fact you are a business owner employing people should not give the State the right to deny an individual their First Amendment right to Religious freedom. Religious freedom is the basis of the founding of our country. Separation of Church and State is about preventing a tyrannical government from infringing on individual’s religious beliefs. The Constitution makes no mention of a person’s right to reproductive rights. That doesn’t mean that you don’t have a right to make your own reproductive choices, God gives us that right with free will. We just shouldn’t be made to pay for it. Their choice, their buck.

The Boss Bill is a loophole to usurp the First Amendment.


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