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Senate Bill S8802

2023-2024 Legislative Session

Relates to nondisclosure agreements

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2023-S8802 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §5003-b, CPLR
Versions Introduced in 2025-2026 Legislative Session:
S1766

2023-S8802 (ACTIVE) - Summary

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

2023-S8802 (ACTIVE) - Sponsor Memo

2023-S8802 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8802
 
                             I N  S E N A T E
 
                              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:

   Section 1. Section 5003-b of the civil  practice  law  and  rules,  as
 amended  by  chapter  160  of  the  laws  of 2019, is amended to read as
 follows:
   § 5003-b. Nondisclosure agreements. Notwithstanding any other  law  to
 the  contrary,  for  any claim or cause of action, whether arising under
 common law, equity, or any provision of law, the factual foundation  for
 which involves discrimination, in violation of laws prohibiting discrim-
 ination,  including but not limited to, article fifteen of the executive
 law, in resolving, by agreed judgment, stipulation, decree, agreement to
 settle, assurance of discontinuance or otherwise, no employer, its offi-
 cer or employee shall have the authority to include or agree to  include
 in  such resolution any term or condition that would prevent the disclo-
 sure of the underlying facts and circumstances to the  claim  or  action
 unless  the  condition of confidentiality is the plaintiff's preference.
 Any such term or condition must be provided  to  all  parties,  and  the
 plaintiff  shall  have  UP  TO  twenty-one days to consider such term or
 condition. If [after twenty-one days such term or  condition]  CONFIDEN-
 TIALITY  is the plaintiff's preference, such preference shall be memori-
 alized in an agreement signed by all parties. For a period of  at  least
 seven  days following the execution of such agreement, the plaintiff may
 revoke the agreement, and the agreement shall not become effective or be
 enforceable until such revocation period has expired.
   § 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

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