Notwithstanding any other law to the contrary, for any claim or cause of action, whether arising under common law, equity, or any provision of law, the factual foundation for which involves discrimination, in violation of laws prohibiting discrimination, including but not limited to, article fifteen of the executive law, in resolving, by agreed judgment, stipulation, decree, agreement to settle, assurance of discontinuance or otherwise, no employer, its officer or employee shall have the authority to include or agree to include in such resolution any term or condition that would prevent the disclosure of the underlying facts and circumstances to the claim or action unless the condition of confidentiality is the plaintiff’s preference. Any such term or condition must be provided to all parties, and the plaintiff shall have twenty-one days to consider such term or condition. If after twenty-one days such term or condition is the plaintiff’s preference, such preference shall be memorialized in an agreement signed by all parties. For a period of at least seven days following the execution of such agreement, the plaintiff may revoke the agreement, and the agreement shall not become effective or be enforceable until such revocation period has expired.
§ 5003-b.Nondisclosure agreements.
Article 50. Judgments Generally · Last amended 2019 · Last verified July 21, 2026
In one sentenceCPLR 5003-b bars an employer from conditioning the resolution of a discrimination claim on a nondisclosure term unless the confidentiality is the complaining party's own preference, and it builds in a mandatory consideration period and revocation window before any such term becomes binding.
Full Text of CPLR 5003-b
Plain-English Summary
Nondisclosure clauses have long been standard fare in settling employment discrimination claims, often at the employer's insistence rather than the employee's choice. CPLR 5003-b flips the default. When a claim rooted in discrimination, whether it arises under the state human rights law or another discrimination statute, gets resolved by judgment, stipulation, decree, settlement agreement, or similar disposition, the employer has no authority to insist on a confidentiality term unless the plaintiff wants it.
The mechanics protect against a plaintiff feeling pressured into silence just to get a deal done. Any proposed confidentiality term has to be disclosed to all parties, and the plaintiff gets twenty-one days to think it over before agreeing to it. If, after that period, confidentiality is what the plaintiff prefers, the preference has to be written into a signed agreement - it can't be assumed or implied from silence.
Even after signing, the plaintiff isn't locked in immediately. The statute gives a further revocation period of at least seven days following execution, during which the plaintiff can back out. The confidentiality agreement doesn't take effect and can't be enforced until that revocation window closes. Together, the disclosure requirement, the twenty-one-day consideration period, and the seven-day revocation period form a layered check against employers using settlement leverage to buy silence about workplace discrimination.
Frequently Asked Questions
Can an employer require a nondisclosure agreement to settle a discrimination claim in New York?
Not unless confidentiality is the plaintiff's own preference. CPLR 5003-b bars an employer from having the authority to include a nondisclosure term unless the complaining party wants it.
How long does an employee have to consider a proposed confidentiality term?
The plaintiff must be given twenty-one days to consider any proposed nondisclosure term before it can become part of a binding agreement.
Can an employee change their mind after agreeing to keep a settlement confidential?
Yes. The statute provides at least seven days after signing during which the plaintiff may revoke the agreement, and it doesn't become enforceable until that period expires.
What kinds of claims does CPLR 5003-b cover?
It covers claims or causes of action, however framed, whose factual foundation involves discrimination in violation of anti-discrimination laws, including article 15 of the executive law.
Does the confidentiality preference have to be documented?
Yes. If confidentiality is the plaintiff's preference after the consideration period, that preference must be memorialized in a signed agreement.
Amendment History
L 2018, ch 57, § 2 (Part KK, Subpart D), effective July 11, 2018; L 2019, ch 160, § 9, effective October 11, 2019.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: nondisclosure agreement discrimination settlement New YorkNDA discrimination claim NY lawNew York settlement confidentiality discriminationcan employer require NDA discrimination settlement