Seyfarth Synopsis: The New York legislature has passed or is close to passing a series of bills designed to protect public and private employees from sexual harassment and retaliation. The bills include a ban on no-rehire clauses in settlement agreements and an extension of the limitations period for claims of workplace harassment and discrimination.

The New York legislature is actively considering, or has recently passed, a number of bills that provide increased protection to victims of workplace sexual harassment and discrimination. The bills, if they become law, would have far-reaching implications for Empire State employers defending against harassment and discrimination claims.

The suite of potential legislation includes the following:

• Prohibition of No-Rehire Clauses: The Senate has passed a bill that, once passed by the Assembly and signed by Governor Kathy Hochul, would ban no-rehire clauses in settlement agreements. The bill renders unenforceable the release of any claim, by an employee or independent contractor, if the release is conditioned upon a promise not to apply for, accept, or engage in any future employment with the employer or related entities. In the event that such a clause is rendered unenforceable under this law, the remainder of the settlement agreement would still be binding. The bill would take effect 60 days after becoming law and would apply to agreements entered into on that day and onward.
• Protection from Unlawful Retaliation: A bill that...

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