The Adult Survivors Act, a law recently signed by New York Governor Kathy Hochul, will go into effect on November 24 and provide a one-year window for individuals to bring certain previously time-barred sexual offense claims, regardless of when the alleged act occurred.

Previously, New York extended the statute of limitations to 20 years for adults filing civil lawsuits for certain sex offenses, but that legislation did not apply retroactively. The Adult Survivors Act (ASA) now permits any individual who was the victim of a sexual offense that occurred when they were 18 or over—but which is currently time barred—to file a timely claim between November 24, 2022, and November 24, 2023. The one-year window only applies to otherwise time-barred claims based on a sexual offense within the purview of the New York penal law, regardless of when they occurred. Sexual offenses include, but are not limited to, sexual misconduct, rape, criminal sexual acts, forcible touching, sexual abuse, and sexual assault.

IMPACT ON EMPLOYERS

While the ASA was not designed as an employment law, the scope of the law is broad, and it could potentially apply to certain employment-related claims, as it is not limited to claims solely against a party that perpetrated some form of sexual offense. While the ASA will not revive claims that have been fully resolved, such as those settled or released, the language of the ASA does purport to cover and revive claims that have been dismissed on statute of...

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