LIEB BLOG

Legal Analysts

Showing posts with label sexual harassment. Show all posts
Showing posts with label sexual harassment. Show all posts

Monday, November 20, 2023

Protecting Survivors: NYS Bill Prohibits Financial Penalties in Nondisclosure Agreements

On November 17, 2023, Governor Hochul signed Bill A00581, amending NYS' General Obligations Law to prohibit settlements, or other resolution, of sexual harassment claims or any other form of unlawful discrimination from including any term or condition that requires the survivor to pay the defendant liquidated damages if the complainant violates a non-disclosure agreement.


Survivors of sexual harassment and discrimination are often required to sign non-disclosure agreements (NDA) as a condition for receiving compensation for their horror. NDAs frequently include provisions requiring survivors to pay liquidated damages (predetermined damages) if they violate the agreement and these damages can be devastating. 


As a result, survivors, who later change their minds or those who were coerced into signing an NDA, face financial hardships for speaking out about their experience. This new law will protect survivors by no longer allowing financial penalties against them for sharing their stories about experiencing harassment and discrimination.


This Bill takes effect immediately and will apply to agreements entered on or after its effectiveness Agreements can no longer require the survivor to forfeit part or all of the consideration for violating an NDA. Additionally, defendants can no longer require survivors to sign an affirmative statement, assertion, or disclaimer stating that they were not subject to discrimination or retaliation.






Tuesday, March 14, 2023

Important Discrimination Bill Passes NYS Senate - It's on the Assembly Now

On 3/13/2023, S3255 passed the NYS Senate and was delivered to the Assembly. 


This Anti-Discrimination Bill is so important to school-children and governmental employees facing discrimination in the State of New York.


Currently, when suing many governmental defendants for discrimination, such as school districts, victims only have one year to bring their claims (except for sexual harassment claims) before the New York State Division of Human Rights. This bill would make the limitations period three years. 


The bill is particularly important to bridge the gap between suing the government and non-governmental actors. When suing a non-government actor for discrimination, a victim can bring a court case, rather than a claim before the New York State Division of Human Rights, under the New York State Human Rights Law, within three years of the wrongful acts of discrimination. 


However, discrimination court cases against the government are often subject to a notice of claim statute where the statute of limitations is effectively limited to ninety days


As a result, many victims of governmental discrimination are out of luck when brining claims because they did not act quickly enough. 


Often times, a claim against a school district for permitting harassment in school is an ongoing case where acts over years demonstrate the discrimination, but recent events only tell an incomplete story. 


This law will bring fairness to the state and protect victims of discrimination.  


We strongly support the passage of this Bill and hope that the Assembly passes it swiftly.




Thursday, December 08, 2022

Major Sexual Assault / Sexual Harassment Law Signed by President Biden

On December 7, 2022, President Biden signed the Speak Out Act into law. 

Now, nondisclosure and nondisparagement contract clauses relating to sexual assault disputes and sexual harassment disputes are unenforceable if they were agreed to before the dispute arises. 

According to the Act, a nondisclosure clause means "a provision in a contract or agreement that requires the parties to the contract or agreement not to disclose or discuss conduct, the existence of a settlement involving conduct, or information covered by the terms and conditions of the contract or agreement" whereas a nondisparagement clause means "a provision in a contract or agreement that requires 1 or more parties to the contract or agreement not to make a negative statement about another party that relates to the contract, agreement, claim, or case."

This is a major law - make not mistake. 

While states like New York go even further than this protection for victims, at CPLR 5003-b and General Obligations Law 5-336, and that increased protection remains enforceable, most states don't protect victims from being preemptively silenced. 

With this increased nationwide protection, hopefully we can solve the horrific statistic that an "estimated 87 to 94 percent of those who experience sexual harassment never file a formal complaint." Victims need to be empowered to stand-up for their rights, not the other way around.






Monday, August 29, 2022

DC Law Now Requires Mandatory Sexual Harassment Training for Tipped Wage Workers

Washington DC now has mandatory sexual harassment trainings from a 2018 law, the Tipped Wage Workers Fairness Amendment Act.


Under the law, covered employers’ primary obligations include providing mandatory sexual harassment training to both business operators & tipped employees.


Other obligations require covered employers to report to the DC Office of Human Rights (OHR) both their sexual harassment policy & all harassment complaints made to management from 2020 on. All requirements are set forth in OHR’s fact sheet on employee rights, which must be posted at places of employment. 


OHR has created a portal for employers to report their compliance with the mandates of the Act & employers will be watched - so tread carefully. 


If you were harassed or discriminated against, this law & its trainings are not the end of the story. You have a claim under Title VII & other federal & state laws. Know your rights & act because statutes of limitations, including a filing requirement with EEOC might otherwise curtail your rights. This is serious & damages can be outrageous.  

 



Thursday, March 31, 2022

Stop Sexual Assault and Harassment in Transportation Act Passes the House

The Stop Sexual Assault and Harassment in Transportation Act passed the House on March 30, 2022 and now makes its way to the senate. 


If passed, the Act will require airlines, railroads, vessels, buses, and transit entities (e.g., Uber / Lyft) to establish "a formal policy with respect to transportation sexual assault or harassment incidents" together with appropriate trainings. 


It is specifically designed to notice, warn, prevent, and combat sexual assault and harassment by the public and staff making transportation safe for all involved. 


The Act establishes civil penalties against harassers starting at $35,000. 


Shouldn't it be safe to travel and shouldn't it be safe to work in transit?