A Practical Guide to New York’s Confidentiality Waiver Requirements for Employment Discrimination Settlement Agreements, by Alice K. Jump and Ethan Krasnoo

While the policy impetus behind the confidentiality prohibition—preventing employers from silencing complaints about harassment and discrimination—may be worthy, the reality is that employers will normally not settle without a confidentiality provision. In what seems like much simpler times, parties to New York employment disputes, including disputes involving claims of discrimination...

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