One of the outcomes of the #MeToo movement is that state legislatures are revisiting the use of arbitration agreements, confidential settlement agreements, and jury waivers, as well as the scope of anti-discrimination and anti-harassment laws, in the employment setting. Most recently, on March 12, 2018, the New York State Senate passed a bill (Senate Bill S7848A) which includes a ban on confidential settlements and mandatory arbitration clauses of sexual harassment claims. This bill is now headed for the Assembly, and if passed (which appears likely) it will make its way to the desk of Governor Andrew M. Cuomo, who is likely to sign it in some form.
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