New York Settlement Agreement Confidentiality

When an employee is accused of discrimination or harassment, employers often consider confidentiality rules to be an essential part of any settlement agreement. These provisions are no longer easy to obtain and will not be worthy of the paper on which they are written if all the legal requirements are not met. As these requirements continue to change rapidly, the advice and guidance of a competent labor attorney in New York City is now more important than ever for employers. – the rules of confidentiality must be preferred by the complainant and be “in simple English”. Employers may not include in any transaction, agreement or other solution to a right to discrimination any condition or condition that would prevent disclosure of the facts and circumstances underlying the claim or claim, unless the condition of confidentiality is the complainant`s preference. To demonstrate that the complainant prefers a confidentiality clause, the clause must be made available to the complainant in writing in simple English (and, where applicable, in the complainant`s main language). Last June, the New York Legislature passed a law amending New York`s anti-discrimination and sexuality legislation, and Governor Cuomo signed it into effect on August 12, 2019. (See our previous warnings here and here). Recently, the New York Division of Human Rights (“Division”) issued additional guidelines in the form of FAQs on two aspects of the law: (1) the necessary communication; and (2) confidentiality agreements governing rights to discrimination. – two-stage reflection process and secondary agreement. A complainant must have at least 21 days to review the confidentiality clause. At the end of the 21-day reflection period, the complainant`s preference for a confidentiality clause must be reflected in a secondary agreement signed by all parties. Thereafter, the complainant must be given an additional seven days to revoke the agreement before the agreement becomes enforceable.

None of these waiting times can be waived. In response to the #MeToo movement, a number of state lawmakers and Congress have passed laws aimed at allaying their concerns about gender inequality in the workplace. . . .

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