NEW YORK ADULT SURVIVORS ACT – WHAT EMPLOYERS SHOULD KNOW
The Adult Survivors Act, a law recently signed by New York Governor Kathy Hochul, will go into effect on November 24, 2022, and provide a one-year window for individuals to bring certain previously time-barred sexual offense claims, regardless of when the alleged act occurred.
IMPACT ON EMPLOYERS: While the ASA was not designed to be an employment law, its scope is broad, and it could potentially apply to certain employment-related claims, as it is not limited to claims against a party who committed some form of sexual offense.
For actions revived pursuant to the ASA, potential damages depend on the cause of action being asserted. Given the ASA's nature, such causes of action may include those provided for by the New York State Human Rights Law or State Tort Law.
ANALYSIS: As a best practice, employers should review their handbooks and related policies to ensure they have adequate reporting, complaint submission, and investigation procedures and confirm that these materials have been distributed to employees and that employees have options for reporting potential complaints.
This document is designed for general information only. The information presented on this document should not be construed to be formal legal or tax advice nor the formation of a lawyer/client relationship.
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