3 Key Takeaways
- New York State has significantly strengthened its sexual harassment protections since 2018 — with major updates as recently as 2024 that give employees more time to come forward.
- If you settle a harassment or discrimination claim, the confidentiality decision is yours to make, not your employer's — and employers can no longer penalize you financially for breaking an NDA.
- All employers in New York State — no matter how small — must have a written sexual harassment prevention policy and provide annual training.
The foundation: What New York law requires of employers
Under New York Labor Law § 201-g, every employer in New York State — regardless of size — must have a written sexual harassment prevention policy and provide annual interactive training to all employees. This has been the law since 2018, but the requirements have expanded since then.
The model policy and training materials from the New York State Department of Labor (NYSDOL) are updated periodically, and they now include guidance for remote and digital work settings — reflecting the reality of how many people work today. The policy must clearly state that sexual harassment is a form of misconduct, that retaliation against anyone who complains is unlawful, and must include a procedure for how complaints are investigated.
Employees who work remotely, as independent contractors, or as vendors are also covered. If you do work for a company in New York — even if you're not a traditional employee — you have protections under state law.
What changed: The 2023 and 2024 updates
Two significant changes have taken effect in the past couple of years that are worth understanding clearly.
Non-disclosure agreements got tighter. In November 2023, Governor Hochul signed S4516, which expanded restrictions on confidentiality clauses in settlement agreements. Here's what this means in plain terms: if you settle a harassment, discrimination, or retaliation claim with your employer, any confidentiality provision in that agreement must be your preference, not the employer's. Employers cannot require you to stay silent as a condition of settling your case.
Beyond that, the 2023 update added two important protections that weren't there before. First, employers can no longer include liquidated damages clauses in NDAs — meaning if you sign a confidentiality agreement and later speak about what happened, your employer cannot sue you for a pre-set penalty amount. Second, these protections now extend to independent contractors and retaliation claims, not just employees making discrimination claims.
You still have 21 days to consider any confidentiality provision before signing — though you can waive that waiting period if you choose.
You now have more time to file a complaint. Effective February 15, 2024, the deadline to file a discrimination complaint with the New York State Division of Human Rights (NYSDHR) was extended from one year to three years for incidents occurring on or after that date. This applies to all forms of discrimination under the New York State Human Rights Law (NYSHRL) — not just sexual harassment. For incidents occurring before February 15, 2024, the old one-year deadline for non-harassment claims still applies.
This is significant. Survivors of discrimination and harassment often take time to process what happened, consult with people they trust, and gather the courage to come forward. A three-year window gives people a more realistic opportunity to pursue their rights.
Mandatory arbitration and your right to go to court
One of the more practical protections New York offers: employers cannot require you to resolve a sexual harassment claim exclusively through arbitration. Mandatory arbitration clauses — the kind buried in onboarding paperwork that says you give up your right to sue — are unenforceable for sexual harassment claims in New York. You retain the right to bring your case to court.
What happens if you file a claim
If you believe you've experienced sexual harassment, you generally have a few options. You can file a complaint with the NYSDHR, which will investigate the claim. You can also file with the federal Equal Employment Opportunity Commission (EEOC), or bring a civil lawsuit in court under either state or federal law. Each path has different timelines and considerations, which is one of the key reasons why speaking with an attorney early — before you file anything — can make a real difference in your outcome.
New York City adds another layer
If you work in New York City, the New York City Human Rights Law (NYCHRL) provides additional protections on top of state law. The city's statute of limitations for discrimination claims is also three years, putting it in alignment with the updated state law. NYC employers must also post an approved sexual harassment poster in the workplace and provide employees with an information sheet.
A note for employers
If you're an employer and you haven't reviewed your sexual harassment prevention policy recently, now is the time. The NYSDOL's model policy has been updated to address remote work, the NDA rules changed in 2023, and the filing window for employee complaints is now three years. Policies that were compliant a few years ago may need to be revisited.
If this has happened to you
Sexual harassment at work can be isolating and confusing, and figuring out your rights while still navigating the workplace where it happened is genuinely hard. You don't have to sort through it alone. Reach out to our team for a confidential conversation about what happened and what your options are.
