Bill Text: NY S08802 | 2023-2024 | General Assembly | Introduced

New York Senate Bill 8802

Introduced

Bill Title: Provides that a plaintiff shall have up to twenty-one days to consider whether any resolution to a claim involving discrimination shall include the underlying facts of the claim or whether such underlying facts shall be kept confidential.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-03-13 - REFERRED TO JUDICIARY [S08802 Detail]

Download: New_York-2023-S08802-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                          8802

                    IN SENATE

                                     March 13, 2024
                                       ___________

        Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary

        AN ACT to amend the civil practice law and rules, in relation to nondis-
          closure agreements related to claims involving discrimination

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 5003-b of the civil  practice  law  and  rules,  as
     2  amended  by  chapter  160  of  the  laws  of 2019, is amended to read as
     3  follows:
     4    § 5003-b. Nondisclosure agreements. Notwithstanding any other  law  to
     5  the  contrary,  for  any claim or cause of action, whether arising under
     6  common law, equity, or any provision of law, the factual foundation  for
     7  which involves discrimination, in violation of laws prohibiting discrim-
     8  ination,  including but not limited to, article fifteen of the executive
     9  law, in resolving, by agreed judgment, stipulation, decree, agreement to
    10  settle, assurance of discontinuance or otherwise, no employer, its offi-
    11  cer or employee shall have the authority to include or agree to  include
    12  in  such resolution any term or condition that would prevent the disclo-
    13  sure of the underlying facts and circumstances to the  claim  or  action
    14  unless  the  condition of confidentiality is the plaintiff's preference.
    15  Any such term or condition must be provided  to  all  parties,  and  the
    16  plaintiff  shall  have  up  to  twenty-one days to consider such term or
    17  condition. If [after twenty-one days such term or  condition]  confiden-
    18  tiality  is the plaintiff's preference, such preference shall be memori-
    19  alized in an agreement signed by all parties. For a period of  at  least
    20  seven  days following the execution of such agreement, the plaintiff may
    21  revoke the agreement, and the agreement shall not become effective or be
    22  enforceable until such revocation period has expired.
    23    § 2. This act shall take effect immediately.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14876-01-4