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N.Y. C.P.L.R. 5003-b

Nondisclosure agreements

Redline — January 1, 2019 → current.View current text →
Current — January 1, 2020
As of January 1, 2019
§ 5003-b. Nondisclosure agreements. Notwithstanding any other law to\nthe contrary, for any claim or cause of action, whether arising under\ncommon law, equity, or any provision of law, the factual foundation for\nwhich involves sexual harassment, in resolving, by agreed judgment,\nstipulation, decree, agreement to settle, assurance of discontinuance or\notherwise, no employer, its officer or employee shall have the authority\nto include or agree to include in such resolution any term or condition\nthat would prevent the disclosure of the underlying facts and\ncircumstances to the claim or action unless the condition of\nconfidentiality is the plaintiff's preference. Any such term or\ncondition must be provided to all parties, and the plaintiff shall have\ntwenty-one days to consider such term or condition. If after twenty-one\ndays such term or condition is the plaintiff's preference, such\npreference shall be memorialized in an agreement signed by all parties.\nFor a period of at least seven days following the execution of such\nagreement, the plaintiff may revoke the agreement, and the agreement\nshall not become effective or be enforceable until such revocation\nperiod has expired.\n
§ 5003-b. Nondisclosure agreements. Notwithstanding any other law to\nthe contrary, for any claim or cause of action, whether arising under\ncommon law, equity, or any provision of law, the factual foundation for\nwhich involves discrimination, in violation of laws prohibiting\ndiscrimination, including but not limited to, article fifteen of the\nexecutive law, in resolving, by agreed judgment, stipulation, decree,\nagreement to settle, assurance of discontinuance or otherwise, no\nemployer, its officer or employee shall have the authority to include or\nagree to include in such resolution any term or condition that would\nprevent the disclosure of the underlying facts and circumstances to the\nclaim or action unless the condition of confidentiality is the\nplaintiff's preference. Any such term or condition must be provided to\nall parties, and the plaintiff shall have twenty-one days to consider\nsuch term or condition. If after twenty-one days such term or condition\nis the plaintiff's preference, such preference shall be memorialized in\nan agreement signed by all parties. For a period of at least seven days\nfollowing the execution of such agreement, the plaintiff may revoke the\nagreement, and the agreement shall not become effective or be\nenforceable until such revocation period has expired.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.