The New York State Legislature has expanded the state’s anti-discrimination and anti-harassment laws, building upon legislation already signed into law.
Governor Cuomo has promised to “sign the new measures imminently”.
The act’s provisions include:
New York Employers May be Held Liable for Discrimination of any Kind Against a Contractor. Punitive Damages Will be Available. Attorney Fees “Shall” be Awarded to the Prevailing Party. The Laws Shall be Construed Liberally to Maximize Deterrence. Nondisclosure Agreements (NDAs) Restricted for All Discrimination Cases. Employment Contract NDAs Must Include a Carve-Out. Mandatory Arbitration Clauses Prohibited. Mandatory Distribution of a Written Anti-Harassment Policy. The Statute of Limitations for Sexual Harassment Claim is Now Three Years in All Cases.
Employers are encouraged to review the proposed legislation to learn more about potential changes to compliance standards.
For more details, please click here.
The information included in this blog post originally appeared in an article from Littler on June 20, 2019 written by Devjani Mishra and Emily Haigh.