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Michael Marra

In the early January lead up to his 2018 State of the State Address, New York Governor Andrew Cuomo unveiled nearly two dozen policy and legislative proposals. The 18th of those proposals sets forth a package of legislative initiatives collectively titled “Combat Sexual Harassment in the Workplace.” By seeking to ban all “mandatory arbitration” agreements, Proposal 18 presents one change to New York law that would have wide ranging effects on how private employers and employees navigate harassment (and possibly other) claims. However, other elements of the Proposal, though aimed at harassment in the public sector, may portend a future evolution of the laws regulating private employers. Forward-looking private employers wary of the often-unintended consequences of expansive legislation will rightly be immediately concerned by the legislative proposal to ban arbitration agreements.

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