Assembly Bill A2409

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2409
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 16, 2025
                                ___________
 
 Introduced by M. of A. GALLAGHER, BORES -- read once and referred to the
   Committee on Codes
 
 AN  ACT  to  amend  the civil practice law and rules, in relation to the
   disclosure of certain settlements to the civil rights  bureau  of  the
   attorney general's office
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 5003-c to read as follows:
   § 5003-C. SETTLEMENTS RELATED TO DISCRIMINATION, SEXUAL HARASSMENT  OR
 SEXUAL  ASSAULT.  1. ALL SETTLEMENTS RELATED TO ALLEGATIONS OF DISCRIMI-
 NATION, SEXUAL HARASSMENT OR SEXUAL ASSAULT SHALL BE  DISCLOSED  TO  THE
 CIVIL RIGHTS BUREAU OF THE ATTORNEY GENERAL'S OFFICE FOR THE PURPOSES OF
 IDENTIFYING  EVIDENCE  OF  PATTERNS  OF UNLAWFUL DISCRIMINATION. FOR THE
 PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
 MEANINGS:
   A. "DISCRIMINATION" SHALL MEAN ANY DISCRIMINATORY ACT PROHIBITED UNDER
 THE  CIVIL  RIGHTS  LAW,  THE  HUMAN RIGHTS LAW OR APPLICABLE FEDERAL OR
 LOCAL ANTI-DISCRIMINATION LAWS.
   B. "SEXUAL HARASSMENT" SHALL MEAN UNWELCOME SEXUAL ADVANCES,  REQUESTS
 FOR  SEXUAL FAVORS, AND OTHER VERBAL OR PHYSICAL CONDUCT ON THE BASIS OF
 AN INDIVIDUAL'S  GENDER  OR  PERCEIVED  GENDER  WHEN  SUBMISSION  TO  OR
 REJECTION OF SUCH CONDUCT, EXPLICITLY OR IMPLICITLY, AFFECTS AN INDIVID-
 UAL'S  EMPLOYMENT,  UNREASONABLY  INTERFERES  WITH  AN INDIVIDUAL'S WORK
 PERFORMANCE OR CREATES AN INTIMIDATING, HOSTILE OR OFFENSIVE WORK  ENVI-
 RONMENT  WITHOUT REGARD TO ACTUAL ECONOMIC INJURY TO OR DISCHARGE OF THE
 INDIVIDUAL.
   C. "SEXUAL ASSAULT" SHALL MEAN UNWANTED SEXUAL CONTACT.
   2. THE ATTORNEY GENERAL'S OFFICE SHALL MAINTAIN  CONFIDENTIAL  RECORDS
 OF  ALL  INFORMATION  DISCLOSED  UNDER  THIS SECTION AND INVESTIGATE ANY
 INDIVIDUAL OR INSTITUTION THAT HAS ENTERED INTO THREE  OR  MORE  SETTLE-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00927-01-5
              

 A. 2409                             2
 
 MENTS  RELATED  TO  DISCRIMINATION,  SEXUAL HARASSMENT OR SEXUAL ASSAULT
 CLAIMS.
   3.  RECORDS  SHALL  BE SAFEGUARDED FROM COMING TO THE KNOWLEDGE OF AND
 FROM INSPECTION OR EXAMINATION BY ANY PERSON  OTHER  THAN  THE  ATTORNEY
 GENERAL  OR OTHER DESIGNATED OFFICIALS IN THE BUREAU FOR THE PERFORMANCE
 OF THEIR OFFICIAL DUTIES. AUTHORIZED PERSONS SHALL NOT DIVULGE  INFORMA-
 TION  CONTAINED  THEREIN  WITHOUT  THE  WRITTEN  CONSENT OF THE ATTORNEY
 GENERAL.  THE AUTHORIZED DISCLOSURE OF ANY SUCH  INFORMATION  SHALL  NOT
 CONTAIN  ANY INDIVIDUALLY IDENTIFIABLE INFORMATION FOR A SETTLING PLAIN-
 TIFF.
   § 2. This act shall take effect immediately.