non-disclosure agreements

Building on progressive legislation passed last year, Governor Andrew Cuomo announced a sweeping proposal to strengthen protections against harassment in the workplace. The four part sexual assault and harassment safety reforms initiative, titled “TIME’S UP New York Safety Agenda,” is contained in the Governor’s 2019 Executive Budget, which was released on January 22, 2019. The safety reforms seek to prevent sexual harassment and assault from occurring while simultaneously enabling survivors to seek justice.

Currently, in order to prevail on a claim of sexual harassment/hostile work environment under the New York State Human Rights Law (“NYSHRL”), a plaintiff must show that the “workplace is permeated with ‘discriminatory intimidation, ridicule, and insult,’. . . that is ‘sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.’”[1]  Governor Cuomo has proposed to amend the NYSHRL to lower the “severe or pervasive” standard, although his proposal did not articulate the new standard that would take its place. Additionally, the proposal would amend existing legislation to require that all Non-Disclosure Agreements include specific language advising employees of their ability to file a complaint with a state or local agency, and to testify or participate in a government investigation.  New York employers would also be required to conspicuously post a sexual harassment educational poster designed and distributed by the State Division of Human Rights. Cuomo further proposes eliminating the statute of limitations on rape claims.

The TIME’S UP New York Safety Agenda arose out of recommendations made by TIME’S UP, led by a coalition of women in New York, including actresses, activists, attorneys and business executives.

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[1] Father Belle Community Ctr., Inc. v. New York State Div. of Human Rights, 221 A.D.2d 44 (4th Dep’t 1996), leave to appeal denied, 89 N.Y.2d 809 (1997).

Featured on Employment Law This Week: NJ Senate Advances Ban on Sex Harassment Confidentiality Agreements.

The New Jersey Senate wants no more secrecy around harassment claims. On a 34-to-1 vote, the chamber approved legislation banning confidentiality agreements involving sexual harassment claims. The bill is still pending in the House, where a vote is expected in the next few weeks. The legislation would also allow victims to keep their identities confidential and would establish jurisdiction in Superior Court, arguably bypassing arbitration agreements.

Watch the segment below.