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This entry was published on 2019-10-18
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SECTION 5-336
Nondisclosure agreements
General Obligations (GOB) CHAPTER 24-A, ARTICLE 5, TITLE 3
§ 5-336. Nondisclosure agreements. 1. (a) Notwithstanding any other
law to the contrary, no employer, its officers or employees shall have
the authority to include or agree to include in any settlement,
agreement or other resolution of any claim, the factual foundation for
which involves discrimination, in violation of laws prohibiting
discrimination, including but not limited to, article fifteen of the
executive law, any term or condition that would prevent the disclosure
of the underlying facts and circumstances to the claim or action unless
the condition of confidentiality is the complainant's preference.

(b) Any such term or condition must be provided in writing to all
parties in plain English, and, if applicable, the primary language of
the complainant, and the complainant shall have twenty-one days to
consider such term or condition. If after twenty-one days such term or
condition is the complainant's preference, such preference shall be
memorialized in an agreement signed by all parties. For a period of at
least seven days following the execution of such agreement, the
complainant may revoke the agreement, and the agreement shall not become
effective or be enforceable until such revocation period has expired.

(c) Any such term or condition shall be void to the extent that it
prohibits or otherwise restricts the complainant from: (i) initiating,
testifying, assisting, complying with a subpoena from, or participating
in any manner with an investigation conducted by the appropriate local,
state, or federal agency; or (ii) filing or disclosing any facts
necessary to receive unemployment insurance, Medicaid, or other public
benefits to which the complainant is entitled.

2. Notwithstanding any provision of law to the contrary, any provision
in a contract or other agreement between an employer or an agent of an
employer and any employee or potential employee of that employer entered
into on or after January first, two thousand twenty, that prevents the
disclosure of factual information related to any future claim of
discrimination is void and unenforceable unless such provision notifies
the employee or potential employee that it does not prohibit him or her
from speaking with law enforcement, the equal employment opportunity
commission, the state division of human rights, a local commission on
human rights, or an attorney retained by the employee or potential
employee.