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.

§  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.