New York Human Rights Law Non Disclosure Agreement

On October 11, 2019, the State of New York introduced a series of amendments to existing legislation to prevent discrimination and harassment in the workplace. As explained below, the new legislation builds on the 2018 sexual harassment legislation, including changing the New York State Human Rights Law (NYSHRL): (a) extending restrictions on the use of confidentiality (confidentiality) or the “NDA” to agreements that govern rights to discrimination based on a protected class; (b) extend the prohibition on the application of binding arbitration agreements to all rights to discrimination; (c) reduce the burden of proof for complainants to bring actions of harassment in the workplace; and (d) extend the scope of the law to non-employees, such as contractors and suppliers. These changes underscore the need for employers to continue to prioritize discrimination and harassment in the workplace and to be proactive elsewhere. Employers should re-evaluate their current standard guidelines, procedures and agreements to address the increased risk associated with such behaviour and new requirements. Employers are encouraged to review their policies, practices and model agreements in the light of these new developments. Please contact one of the following authors or lawyers from the DLA Piper Employment Group for support or questions on these important topics: As we have already reported, New York passed on March 30, March 27, 2019, a law prohibiting New York employers from requiring secrecy of the facts and circumstances underlying a right to sexual harassment, unless the condition of confidentiality is the complainant`s preference. N.Y. Gen.C`s obliging. Law § 5-336. While the FAQs have put in place a three-step process to remind that confidentiality was the complainant`s preference for sexual harassment claims, the guidelines have now been extended to claims of discrimination. In particular, faQs require that the condition or condition of confidentiality “be made available to all parties in writing in simple English and, where applicable, in the main language of the person who complained, and the person who complained has 21 days from the date on which that period or condition is provided to accommodate that condition or condition.” If, after 21 days, this condition is the preference of the person who complained, the preference must be recalled in an agreement signed by all parties. For 7 days after the execution of the contract that contains the condition, the person who complained may revoke the contract and it will only take effect or be applicable after the expiry of the withdrawal period. .

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