Slattery v. Hochul

In 2019, New York’s “Boss Bill” (Labor Law § 203-e) sparked a legal battle when Christopher T. Slattery and Evergreen Association, a pro-life nonprofit operating pregnancy centers, challenged its constitutionality. The law prohibits employers from discriminating against employees that may have had or support abortions, and restricts access to related personal information, with violations carrying civil penalties and private lawsuit risks. Evergreen, dedicated to empowering women to choose life and hiring only those sharing its pro-life mission, argued the law forced it to employ individuals whose actions clashed with its mission, violating its First Amendment right to expressive association. Filed in January 2020, the lawsuit targeted New York Governor Kathy Hochul, Labor Commissioner Roberta Reardon, and Attorney General Letitia James, seeking to block the law’s enforcement.

The district court dismissed the case in March 2021, ruling the law constitutional under rational basis review. Evergreen appealed to the Second Circuit, which in February 2023 reversed the dismissal of the expressive association claim, finding § 203-e burdened Evergreen’s rights and required strict scrutiny, while upholding dismissals of free speech, religion, and vagueness claims. Remanded for further review, the district court under Judge Anne M. Nardacci granted defendants’ summary judgment and denied plaintiffs’ on January 31, 2025. Evergreen appealed again on February 21, 2025, and as of today, the appeal remains pending in the Second Circuit.