New York S 1766: Relates to nondisclosure agreements

Bill Text

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S01766 Summary:

BILL NOS01766A

&nbsp

SAME ASNo Same As

&nbsp

SPONSORFERNANDEZ

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §5003-b, CPLR

&nbsp

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

Go to top S01766 Actions:

BILL NOS01766A

&nbsp

01/13/2025REFERRED TO JUDICIARY

03/17/2025AMEND AND RECOMMIT TO JUDICIARY

03/17/2025PRINT NUMBER 1766A

01/07/2026REFERRED TO JUDICIARY

Go to topS01766 Committee&nbspVotes:

Go to topS01766 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS01766 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1766--A

 2025-2026 Regular Sessions

 IN SENATE

 January 13, 2025
 ___________

 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
 printed to be committed to the Committee on Judiciary -- committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee

 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, harassment or retaliation in violation of
 8 laws prohibiting such discrimination, harassment or retaliation, includ-
 9 ing but not limited to, article fifteen of the executive law, in resolv-
 10 ing, by agreed judgment, stipulation, decree, agreement to settle,
 11 assurance of discontinuance or otherwise, no employer, its officer or
 12 employee shall have the authority to include or agree to include in such
 13 resolution any term or condition that would prevent the disclosure of
 14 the underlying facts and circumstances to the claim or action unless the
 15 condition of confidentiality is the plaintiff's preference. Any such
 16 term or condition must be provided to all parties, and the plaintiff
 17 shall have up to twenty-one days to consider such term or condition. If
 18 [after twenty-one days such term or condition] confidentiality is the
 19 plaintiff's preference, such preference shall be memorialized in an
 20 agreement signed by all parties. For a period of at least seven days
 21 following the execution of such agreement, the plaintiff may revoke the
 22 agreement, and the agreement shall not become effective or be enforcea-
 23 ble until such revocation period has expired.
 24 § 2. This act shall take effect immediately.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05317-05-5

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