2019 New York Laws
GOB - General Obligations
Article 5 - Creation, Definition and Enforcement of Contractual Obligations
Title 3 - Certain Prohibited Contracts and Provisions of Contracts
5-336 - Nondisclosure Agreements.

Universal Citation: NY Gen Oblig L § 5-336 (2019)
§  5-336.  Nondisclosure  agreements. 1. (a) Notwithstanding any other
law to the contrary, no employer, its officers or employees  shall  have
the  authority  to  include  or  agree  to  include  in  any settlement,
agreement or other resolution of any claim, the factual  foundation  for
which   involves   discrimination,  in  violation  of  laws  prohibiting
discrimination, including but not limited to,  article  fifteen  of  the
executive  law,  any term or condition that would prevent the disclosure
of the underlying facts and circumstances to the claim or action  unless
the condition of confidentiality is the complainant's preference.

(b) Any such term or condition must be provided in writing to all parties in plain English, and, if applicable, the primary language of the complainant, and the complainant shall have twenty-one days to consider such term or condition. If after twenty-one days such term or condition is the complainant's preference, such preference shall be memorialized in an agreement signed by all parties. For a period of at least seven days following the execution of such agreement, the complainant may revoke the agreement, and the agreement shall not become effective or be enforceable until such revocation period has expired.

(c) Any such term or condition shall be void to the extent that it prohibits or otherwise restricts the complainant from: (i) initiating, testifying, assisting, complying with a subpoena from, or participating in any manner with an investigation conducted by the appropriate local, state, or federal agency; or (ii) filing or disclosing any facts necessary to receive unemployment insurance, Medicaid, or other public benefits to which the complainant is entitled. 2. Notwithstanding any provision of law to the contrary, any provision in a contract or other agreement between an employer or an agent of an employer and any employee or potential employee of that employer entered into on or after January first, two thousand twenty, that prevents the disclosure of factual information related to any future claim of discrimination is void and unenforceable unless such provision notifies the employee or potential employee that it does not prohibit him or her from speaking with law enforcement, the equal employment opportunity commission, the state division of human rights, a local commission on human rights, or an attorney retained by the employee or potential employee.

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