S 1766: Provides that a plaintiff shall have up to twenty-one days to consider whether any resolution to a claim involving discrimination, harassment or retaliation shall include the underlying facts of the claim or whether such underlying facts shall be kept confidential.

  
  STATE OF NEW YORK ________________________________________________________________________ 1766 2025-2026 Regular Sessions  IN SENATE January 13, 2025 ___________ 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: 1 Section 1. Section 5003-b of the civil practice law and rules, as 2 amended by chapter 160 of the laws of 2019, is amended to read as 3 follows: 4 § 5003-b. Nondisclosure agreements. Notwithstanding any other law to 5 the contrary, for any claim or cause of action, whether arising under 6 common law, equity, or any provision of law, the factual foundation for 7 which involves discrimination, in violation of laws prohibiting discrim- 8 ination, including but not limited to, article fifteen of the executive 9 law, in resolving, by agreed judgment, stipulation, decree, agreement to 10 settle, assurance of discontinuance or otherwise, no employer, its offi- 11 cer or employee shall have the authority to include or agree to include 12 in such resolution any term or condition that would prevent the disclo- 13 sure of the underlying facts and circumstances to the claim or action 14 unless the condition of confidentiality is the plaintiff's preference. 15 Any such term or condition must be provided to all parties, and the 16 plaintiff shall have up to twenty-one days to consider such term or 17 condition. If [after twenty-one days such term or condition] confiden- 18 tiality is the plaintiff's preference, such preference shall be memori- 19 alized in an agreement signed by all parties. For a period of at least 20 seven days following the execution of such agreement, the plaintiff may 21 revoke the agreement, and the agreement shall not become effective or be 22 enforceable until such revocation period has expired. 23 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05317-01-5