WWBA October 2019 Newsletter

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Expanded Mandatory Employer Obligations Under New York Harassment Laws from page 1 been codified in the New York State Executive Law, Labor Law, General Obligations Law, and CPLR. As Ms. Kula explained, the far reach of New York’s harassment and discrimination laws will now impact all employers in New York State regardless of size and is no longer limited to those with at least four employees. In addition, the protections of the law reach now apply to nonemployees who are contractors, subcontractors, vendors, consultants or other persons providing services pursuant to a contract in the workplace or who is an employee of such person. Ms. Kula also provided valuable and in-depth information for those WWBA attordard that sexual harassment in the workplace needs to be ’severe or pervasive’ and making it easier for workplace sexual harassment claims to be brought forward, we are sending a strong message that time is up on sexual harassment in the workplace and setting the standard of equality for women.” The program also examined the New York’s prohibition on the use of mandatory arbitration clauses in claims of harassment and discrimination, noting that recent federal case law has determined the New York State law unlawfully preempted the Federal Arbitration Act and thus these claims were subject to mandatory arbitration. Finally, the panel examined New York State’s ban set forth in General Obligations Law §5-336 and NY CPLR 5003-B on the use of confidentiality clauses and non-disclosure agreements except where the employee/complainant has a preference for said provisions. Obligations similar to those required for a release of an age discrimination claim under federal law are mandated when confidentiality is a term of the agreement, such as providing the employee/complainant 21 days to consider the agreement and seven days to revoke its acceptance. Audience participation through thoughtful questions posed to the panel sparked even more discussion relating to practical tips in assisting employers when navigating this new legal landscape. The program was certainly very timely as most of the provisions discussed become effective October 11, 2019. ◗ Page 6 Westchester Women’s Bar Association News
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WWBA October 2019 Newsletter

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