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Int 0811-2022

Voiding no-rehire provisions in settlement agreements for persons aggrieved by unlawful discriminatory practices.

IntroductionFiledCommittee on Civil and Human Rightsintroduced 2022-11-03

Filed — closed without being enacted.

Official record · Legistar

Agenda: 2022-11-03Passed: 2023-12-31

Summary

This bill would void as contrary to public policy no-rehire provisions in settlement agreements under New York City’s human rights law. Existing no-rehire provisions would expire after five years. Agreements to end existing agency or employment relationships would still be permitted. Employers would also be permitted to terminate or refuse to rehire for non-discriminatory or non-retaliatory reasons.

Committee on Civil and Human RightsHuman Rights Commission, Equal Employment Practices Commission and Equal Employment Opportunity.

How it compares

32% of similar bills passed

16 passed · 34 died

This bill: 423 days in committee

Similar bills: median 492 days · 331 days when passed

Sponsors (3)

Lifecycle

IntroducedIntroduced by Council
2022-11-03 · City Council
ActionReferred to Comm by Council
2022-11-03 · City Council
HeardHearing Held by Committee
2023-06-26 · Committee on Civil and Human Rights
HeldLaid Over by Committee
2023-06-26 · Committee on Civil and Human Rights
ClosedFiled (End of Session)
2023-12-31 · City Council

Heard at (4)

Committee on Civil and Human Rights · 2023-06-29 · 10:00 AM · 250 Broadway - Committee Room, 14th Floor
Committee on Civil and Human Rights · 2023-06-27 · 10:00 AM · Council Chambers - City Hall
Committee on Civil and Human Rights · 2023-06-26 · 2:00 PM · Committee Room - City Hall
City Council · 2022-11-03 · 1:30 PM · Council Chambers - City Hall

Attachments (8)

Full text
Be it enacted by the Council as follows: Section 1. Section 8-115 of the administrative code of the city of New York is amended by adding a new subdivision e to read as follows: e. Any agreement resulting from a method of dispute resolution prescribed by rule of the commission shall not prohibit, prevent, or otherwise restrict the complainant from working for the respondent or any parent company, subsidiary, division, or affiliate of the respondent. Any such agreement entered into prior to the effective date of this subdivision shall be deemed to expire five years after the date on which it was entered. Any provision of an agreement that is inconsistent with this subdivision shall be void as contrary to public policy. Nothing in this subdivision shall be construed to prohibit an agreement to end an existing agency or employment relationship or to require a respondent to continue to employ or rehire a person if there is a legitimate non-discriminatory or non-retaliatory reason for terminating the agency or employment relationship or refusing to rehire the person. � 2. Section 8-502 of the administrative code of the city of New York is amended by adding a new subdivision i to read as follows: i. Any agreement to settle a claim brought under this section shall not prohibit, prevent, or otherwise restrict the person aggrieved from working for the covered entity or any parent company, subsidiary, division, or affiliate of the covered entity. Any such agreement entered into prior to the effective date of this subdivision shall be deemed to expire five years after the date on which it was entered. Any provision of an agreement that is inconsistent with this subdivision shall be void as contrary to public policy. Nothing in this subdivision shall be construed to prohibit an agreement to end an existing agency or employment relationship or to require an employer or principal to continue to employ or rehire a person if there is a legitimate non-discriminatory or non-retaliatory reason for terminating the agency or employment relationship or refusing to rehire the person. � 3. This local law takes effect immediately. RL LS #10383 10/13/2022 2 2