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