NY Senate Passes Bill Prohibiting Mandatory Arbitration Clauses in Sex Harassment Settlements
The legislation, which passed 56-2, would ban mandatory arbitration clauses in sexual harassment settlements; establish a statutory definition of sexual harassment; and prohibit anonymity of the accused in court-approved settlements.
March 12, 2018 at 06:12 PM
3 minute read
New York state Senate chamber. Photo Credit: Westpoint/CC
ALBANY — The Republican-led state Senate on Monday passed legislation aimed at reforming the state's sexual harassment policies.
The legislation, which passed 56-2, would ban mandatory arbitration clauses in sexual harassment settlements; establish a statutory definition of sexual harassment; and prohibit anonymity of the accused in court-approved settlements. The bill, sponsored by state Sen. Cathy Young—the highest-ranking woman in the Republican conference—would also prohibit confidentiality agreements unless the victim requests it; expand the protections to include independent contractors; and create a uniform sexual harassment policy for all branches of state government.
State Sen. Liz Krueger, a Democrat from Manhattan, voted against the bill, arguing that the proposal has “too many holes.” The legislation, which does not have a companion bill in the Democratic-dominated Assembly, is expected to be a main issue for budget negotiations, which is slated to begin in earnest in the coming days. A final fiscal plan for the state is due by April 1.
The proposal comes amid the #MeToo movement spurred by sexual harassment and assault charges leveled against movie producer Harvey Weinstein in October, which has since spread to include other powerful public figures in Hollywood, government and the media.
Young alleged during the debate on the bill that as a result of forced arbitration clauses, “Harvey Weinstein and people of that ilk,” have “gotten away with this over and over and over again.”
Weinstein has repeatedly denied the allegations of sexual assault and harassment, and he has not been arrested or charged in connection with any of the allegations, although prosecutors in New York, Los Angeles and London are investigating the claims.
Riding on the national fervor, Gov. Andrew Cuomo in January unveiled his plans to prohibit confidentiality agreements related to sexual harassment claims in government, and to void forced arbitration policies in employee contracts.
Legal experts questioned Cuomo's proposal, saying they could have unintended consequences, such as more litigation and greater public expense.
Krueger said the Senate bill goes further, in some aspects, than the governor's proposal. During the debate on the legislation, Krueger doubted that the Joint Commission on Public Ethics could be equipped to handle complaints and investigations pertaining to sexual harassment.
The agency has previously been criticized for its handling of sexual harassment allegations. In 2013 the ethics panel issued a report against then-Assemblyman Vito Lopez about sexual harassment allegations made in his office. While the report did not name the victims, it described their jobs and when they held them, which made it easy for reporters and Capitol observes to identify the women.
So far this year, one state senator stands publicly accused of sexual harassment. State Sen. Jeff Klein was accused in mid-January of forcibly kissing a staff member in 2015, an allegation he has vehemently denied.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllLisa Zornberg, Former Adams Chief Counsel, Moves to Morvillo Abramowitz
5 minute readDecision of the Day: Second Amendment Does Not Offer Right to Obtain Firearms 'On Demand'
City Bar Presents Thomas E. Dewey Awards to Outstanding NYC Prosecutors
Trending Stories
- 1Lawyer’s Resolutions: Focusing on 2025
- 2Houston Judge Exonerated on Appeal, Public Reprimand Vacated
- 3Bar Report - Dec. 30
- 4Employment Law Developments to Expect From the Second Trump Administration
- 5How I Made Law Firm Leadership: 'It’s Imperative That You Never Stop Learning,' Says Ian Ribald of Ballard Spahr
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.