Social movements like #metoo have shone a much-needed spotlight on employment contracts and terms -- previously dismissed as mere “fine print” or “form language” -- that have been used to harm workers harmed by sexual harassment and other forms of illegal workplace discrimination or harassment. Today, many of these contractual clauses are statutorily unenforceable, giving workers harmed by discrimination or harassment a stronger chance than ever to get justice. To get started, contact a skilled New York harassment and discrimination lawyer to discuss your options
Workers in New York City have another new protection built into the city’s Human Rights Law (NYCHRL.) Historically, employers made many employees sign contracts with clauses mandating arbitration of employer-employee disputes and prohibiting workers from speaking about these disputes and the legal cases related to them.
That many workers knew. What they may not have known, however, was that employers also could insert a provision into their employment contracts that shortens the time a worker has to bring a complaint. For example, say you filed a complaint 18 months after encountering sexual harassment at work. In the past, if your employment agreement said you had only one year to file a dispute, that clause might have derailed your case, even though the NYCHRL gives workers three years to file a sexual harassment lawsuit.
Three Years to Seek Justice for Sexual Harassment in NYC
In New York City, that is no longer true. New York City has amended the law to bar employers from enforcing any agreement that shortens the time a worker harmed by discrimination or harassment has to pursue an administrative claim/complaint or file a civil lawsuit. In other words, regardless of your employment contract's terms, you have the full statutory limitations period to take action. For sexual harassment victims, this period is three years under the NYCHRL. Under the New York State Human Rights Law, it is also three years if the illegal sexual harassment occurred after Feb. 14, 2024. For violations occurring before Feb. 14, 2024, the period under the NYSHRL is one year.
The amendment went into effect on May 11, 2024, and is an important advance for workers in New York City, especially those groups who are especially vulnerable to harassment because of their gender, type of work, etc.
Newer Federal Laws that Protect Victims
Federal law has also undergone changes designed to afford people pursuing sexual harassment claims a better chance of obtaining genuine and complete justice. In early 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act that, as the name implies, bars enforcement of contractual clauses mandating the arbitration of a worker’s sexual harassment or sexual assault civil case. Additionally, the federal Speak Out Act (which was also signed into law in 2022), prohibits employers from enforcing pre-dispute non-disclosure and non-disparagement clauses they inked with workers who later sued for sexual harassment or sexual assault.
If you’ve been harmed by sexual harassment or sexual assault, you now have a better opportunity than ever to hold the wrongdoers (and their enablers) accountable through a civil action. In the past, employers used back-page contract clauses to force victims into arbitration tribunals that – unlike civil courts – are not matters of public record, to silence them before, during, and after the process, or to accept untenably short windows of time to take action. That’s no longer the case. If you have encountered sexual harassment or sexual assault, you owe it to yourself to get in touch with the New York sexual harassment attorneys at Phillips & Associates. We are dedicated to helping workers -- including those who have survived sexual assault or sexual harassment in the workplace -- to get the justice they deserve. To learn more, contact us online or at (833) 529-3476 to set up a free and confidential consultation.