Legislation
SECTION 5003-B
Nondisclosure agreements
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 50
§ 5003-b. Nondisclosure agreements. Notwithstanding any other law to
the contrary, for any claim or cause of action, whether arising under
common law, equity, or any provision of law, the factual foundation for
which involves discrimination, in violation of laws prohibiting
discrimination, including but not limited to, article fifteen of the
executive law, in resolving, by agreed judgment, stipulation, decree,
agreement to settle, assurance of discontinuance or otherwise, no
employer, its officer or employee shall have the authority to include or
agree to include in such resolution 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
plaintiff's preference. Any such term or condition must be provided to
all parties, and the plaintiff shall have twenty-one days to consider
such term or condition. If after twenty-one days such term or condition
is the plaintiff'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 plaintiff may revoke the
agreement, and the agreement shall not become effective or be
enforceable until such revocation period has expired.
the contrary, for any claim or cause of action, whether arising under
common law, equity, or any provision of law, the factual foundation for
which involves discrimination, in violation of laws prohibiting
discrimination, including but not limited to, article fifteen of the
executive law, in resolving, by agreed judgment, stipulation, decree,
agreement to settle, assurance of discontinuance or otherwise, no
employer, its officer or employee shall have the authority to include or
agree to include in such resolution 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
plaintiff's preference. Any such term or condition must be provided to
all parties, and the plaintiff shall have twenty-one days to consider
such term or condition. If after twenty-one days such term or condition
is the plaintiff'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 plaintiff may revoke the
agreement, and the agreement shall not become effective or be
enforceable until such revocation period has expired.