Progress Report: New York Courts’ ‘Presumptive ADR’ Settles In

By Anne Muenchinger and Russ Bleemer

The New York City Bar Association hosted on Wednesday a panel discussion aimed at assessing the progress in the implementation of a new “Presumptive ADR” initiative in the New York State Court System.

The push for conflict resolution processes ahead of litigation is part of New York State Chief Judge Janet DiFiore’s Excellence Initiative, seeking to reduce litigation costs and empower parties by introducing mediation early in the process and increasing settlement rates. See Savannah Billingham-Hemminger, “Update: ADR Breakfast on New York State’s Presumptive Mediation Implementation,” CPR Speaks (July 16, 2019) (available at http://bit.ly/38GeCfx).

Since last summer, thanks to the concerted efforts of administrative and supervising judges and court staffs, as well as ADR practitioners, courts have begun to carry out this initiative by expanding current ADR programs and designing new ones. A May 2019 announcement (see press release at http://bit.ly/32lhjkq) tasked the courts with rolling out “local protocols, guidelines and best practices” by September, re-focusing a task force report on a broader “presumptive ADR” from the report’s focus on mediation.

Administrative judge panelists at the bar association continued that emphasis, discussing a wide variety of ADR processes that courts across the board are or will be deploying for party use.

The panel began by outlining the progress over the past year in their respective courts, followed by a broader discussion on challenges the system is facing with broadening and implementing presumptive ADR.

Judge Anthony Cannataro, the administrative judge of the New York City civil courts, began the discussion by outlining some of the ADR processes traditionally used in civil court, notably binding arbitration and evaluative techniques.

He emphasized a new role that Community Dispute Resolution Centers—the local nonprofits with which the state court system partners to provide mediation, arbitration and other ADR options as a court alternative–are taking on by providing the infrastructure needed to address the great influx of cases that are now being sent to mediation.

Cannataro reported that mediation has been remarkably successful in one category of cases traditionally challenging for judges: those where a party has no representation.  Those pro se cases often have emotions running high over personal issues.

He also pointed to the successful use of judicial hearing officers in cases that are transferred from the Supreme Court (the Supreme Court is New York state’s trial-level court), as well as the increased use of settlement conferencing, and accelerated trial judgments.

Cannataro said he anticipates the need for a strong mentorship program to train new mediators, a greater use of early neutral evaluations, and the development of mass settlement conferences. The conferences would provide speedier resolution for high-volume practices, such as no-fault insurance cases, where thousands of filings presenting almost identical elements could be resolved at once.

The implementation of such a program requires negotiation with larger insurance carriers and providers in order to take a statistical value approach, which may enable a more systematic and speedier resolution, and a significant relief for crowded dockets.

For panel member Judge Jeanette Ruiz, who is administrative judge of New York City’s family court, the new initiative move is much more than a shift toward ADR.  She told the audience of about 100 that it is an opportunity to transform certain aspects of the family law practice that have historically not received much attention.

Child custody practice—particularly, custody visitation cases–Ruiz reported, is an area that will likely benefit from greater mediation use, as exemplified by the success of a small pilot program recently launched in Queens.

One of the key features for Judge Ruiz has been the development of a detailed screening process to determine which cases would better be resolved through ADR processes. This screening, which covers all parties to a dispute, divides cases along three tracks: cases to be sent to mediation, to structured conferences for some of the more complex cases, and those which are best resolved via expedited trial.

This determination occurs according to the presence of certain factors, including domestic violence, mental illness, substance abuse, and a history of litigious behavior. Cases involving these factors will likely fall into the third track.

Ruiz emphasized the importance of engaging the legal community in the transformation in the court system. A planning committee has been set up in order to collect data, get feedback and to remain in touch with community members in order to ensure a successful transition into an ADR-oriented system.

Justice Deborah Kaplan, administrative justice of New York County’s Supreme Court, expressed her enthusiasm for this transition, citing the New York court system benefits from more ADR programs throughout the state’s 62 counties.

She said she believes that efficiency–one of the goals sought through the initiative’s implementation–would be achieved in curtailing discovery to that sufficient for mediation. This will be accomplished in part through strict time limits for document production, during which a mediator would be assigned in order to schedule an initial session within 30 days of filing.

In addition, automatic early referral is a key component to the program’s success, as the parties are encouraged to think about the issues that set the case in motion.

Justice Kaplan cited a laundry list of current ADR programs, including judicial mediation programs, early settlement malpractice, matrimonial early mediation, and “skilled matrimonial early neutral evaluation.” In addition, many programs are currently undergoing expansion, including presumptive matrimonial mediation, the tort neutral evaluation program, tax certiorari cases in which property owners can challenge a real estate tax assessment, and a successful presumptive mediation pilot program for cases in New York County’s non-commercial division–cases involving less than $500,000.

She also discussed programs for summary jury trials in automobile cases and dispute resolution processes for asbestos matters, where Kaplan said more than 3,000 cases were invited to a special settlement day which she suggested would be repeated.

The panel generally agreed that summary jury trials should be expanded, but moderator John Kiernan warned that commercial-side efforts to increase SJTs had been disappointing, mostly due to party resistance.

Justice Kaplan also emphasized the importance of screening from ADR processes in matrimonial cases involving domestic violence or power imbalances, which she said is done by an outside agency.

Finally, she underlined the importance of making public a diverse roster of ADR practitioners—a searchable roster, said Kaplan, that will allow a party to find a neutral directly “so that you will never have to come visit us in the court.”

Moderator Kiernan, a New York-based Debevoise & Plimpton partner who headed the task force that issued the report that the court system used for the presumptive ADR initiative, responded that “the speed of change in the courts is amazing.”

A discussion including all panel members covered concerns about a lack of facilities, significant implementation time requirements, and a severe lack of multilingual neutrals as the challenges in the shift toward ADR moves forward.

Diversity was an important topic of discussion, in response to an audience inquiry.  Lisa Denig, Special Counsel for the ADR Initiative for the state’s Office of Court Administration, spoke at length on the issue, noting that the increased ADR use has ignited a renewed effort to recruit a diverse group of new mediators in order to better address the disputants’ needs. Several projects are in the works to provide better access to mediation training programs, she said.

Another important issue is neutrals’ compensation. Currently, parties are provided with a free 90-minute session, beyond which they may continue for a fee. This practice is particularly important in order to encourage parties to make use of these programs and to encourage higher settlement rates.

Denig acknowledged the need for discussion on this issue, which she said will intensify as programs are up and running. She noted that mediators are paid in successful programs in other states.

Panelist Lisa Courtney, the Office of Court Administration’s statewide ADR coordinator, pointed out that family court mediators already are paid, and a current goal is adding more languages capabilities. She discussed the CDRC’s “gold standard” training as essential in building mediation programs.

Kiernan—who was chairman of Alternatives’ publisher, the CPR Institute, when he organized the task force as part of his initiatives, at the same time, as the NYC Bar Association president–said that the system can expand to “tens of thousands” of mediation cases with existing neutrals and volunteers.  But he said that to get to “hundreds of thousands of cases,” programs in New Jersey and Florida needed thousands of mediators.  “You need paid mediators,” he said.

Kiernan said the court ADR programs ultimately are effective, with “staggeringly low” opt-out rates.

Audience member Roger Juan Maldonado, a litigation partner in New York’s Smith, Gambrell & Russell, LLP. who is the current NYC Bar Association president, returned to the issue of representation, urging the panel to consider the issue of appointed counsel for pro se litigants in light of the huge numbers of such cases.

Panelist Judge Cannataro said he believes all court processes are better with representation on both sides, but suggested that the courts had to address the cases as they come. Cannataro assured Maldonado and the audience that the court system would examine where ADR works with and without representation, and will monitor closely the outcomes.

Finally, the topic turned to a unification of ADR rules for the future. While the task force report initially proposed creating a set of rules, the Office of Court Administration and Chief Administrative Judge Lawrence Marks made the decision not to issue them at the outset. (For more, see “‘Presumptive Mediation’: New York Moves to Improve Its Court ADR Game,” 37 Alternatives 107 (July/August 2019) (available at http://bit.ly/2GbCWdK).

They felt it would be best to let the programs develop and evolve so that future rules would be better adapted to the multiplicity and diversity of ADR programs that were in development last summer for the September 2019 launch.

“Many were surprised about that,” said John Kiernan, but the courts statewide so far have developed “great new plans and programs without it.” He added that he expected uniform statewide rules would emerge eventually.

Lisa Denig agreed, and discussed development of a standard-setting ADR protocol in the state’s matrimonial courts, though she said that she expects it will take some time to develop it as the courts implement their local programs.

For the moment, quality control will be measured by an ADR coordinator and screening processes for newly trained mediators, though Judge Anthony Cannataro said that good mediators are instrumental in recognizing cases that should not be mediated.

 

Anne Muenchinger is a CPR Institute Spring 2020 intern, and an LLM student at the Benjamin N. Cardozo School of Law at Yeshiva University in New York City. Russ Bleemer is the editor of Alternatives.

Update: Legislatures on Invalidating Pre-Dispute Arbitration Agreements

By Andrew Garcia

A federal court has slowed the momentum by legislatures—in this case, New York state’s—to bar arbitration in employment cases. A New York U.S. District Court judge has struck down the application of a recent state law which allowed employees to avoid mandatory pre-dispute employment agreements to arbitrate sexual harassment claims.

The statute at issue, NYCPLR § 7515, originally passed and signed into law a year ago, aimed to void arbitration clauses in employment contracts that require the use of arbitration proceedings to resolve workplace sexual harassment claims in New York state. In June, the New York Senate and Assembly passed amendments to § 7515 that expanded this prohibition to agreements that sought to arbitrate all workplace discrimination claims.

This year’s bill, awaiting Gov. Andrew Cuomo’s expected signature (see http://bit.ly/2SKnH0c), was a victory for lawmakers like the sponsor, State Democratic Senator Alessandra Biaggi. (She wrote on Twitter on June 19: “6 months & 2 public hearings later, we passed #BiaggiBill S6577 to expand protections for survivors, & hold New York employers, agencies, & organizations liable for all forms of workplace sexual harassment and discrimination.” See @SenatorBiaggi.)

But any victories may be short-lived. A federal court found that the currently enacted version of § 7515 was preempted by the Federal Arbitration Act and therefore invalid about a week after the amendments passed both New York houses.

On June 26, U.S. District Court Judge Denise Cote issued an opinion that deemed a recently modified New York State law preempted by the Federal Arbitration Act.  Latif v. Morgan Stanley & Co. LLC et al., No. 18cv11528 – Document 52 (S.D.N.Y. 2019) (available at http://bit.ly/2y9w6AL). In Latif, the plaintiff filed a suit against his employer, alleging discrimination and sexual assault claims. At the beginning of his employment, Latif signed an offer letter that incorporated by reference Morgan Stanley’s CARE Arbitration Program Arbitration Agreement.

Judge Cote found that the application of § 7515 to invalidate the parties’ agreement to arbitrate Latif’s claims would be inconsistent with the FAA. The opinion states that § 7515 does not displace the FAA’s presumption that arbitration agreements are enforceable. Judge Cote did not address the viability of § 7515 in purely an intrastate matter where the FAA would not be implicated.

The recently passed amendments to § 7515 are part of a growing trend in state and federal legislatures to pass laws that ban pre-dispute arbitration agreements for sexual harassment claims and more. In 2018, the Maryland legislature passed the Disclosing Sexual Harassment in the Workplace Act, which prohibited employers from enforcing arbitration agreements for sexual harassment or retaliation claims. In Vermont, the legislature passed “An Act Relating to the Prevention of Sexual Harassment,”  which prohibited agreements that prevent an employee from filing a sexual harassment claim in court.

The states have moved faster than Congress, but there is no shortage of proposals at the federal level. In the current session, there have been at least 11 new bills introduced to amend the FAA, the Fair Labor Standards Act, or the National Labor Relations Act to prohibit most employment and consumer pre-dispute arbitration agreements.

Table 1: 116th Legislative Session Bills Pertaining to Arbitration (Senate = S; House = HR)

Bill Name Bill Number Sponsors Current Status
Forced Arbitration Injustice Repeal (FAIR) Act S. 610 Sen. Richard Blumenthal, D., Conn. 2/28/19: Introduced
H.R. 1423 Rep. Hank Johnson, D., Ga. 4/8/19: Referred to the Subcommittee on Antitrust, Commercial, and Administrative Law
Bringing an End to Harassment by Enhancing Accountability and Rejecting Discrimination (BE HEARD) in the Workplace Act S. 1082 Sen. Patty Murray, D. Wash. 4/9/19: Introduced
H.R. 2148 Rep. Katherine Clark, D. Mass. 5/3/19: Referred to the Subcommittee on the Constitution Civil Rights, and Civil Liberties
Restoring Justice for Workers Act S. 1491 Sen. Patty Murray D., Wash. 5/15/19: Introduced and referred to the Committee on Health, Education, Labor, and Pensions.
H.R. 2749 Rep. Jerrold Nadler, D., N.Y. 6/26/19: Referred to the Subcommittee on Antitrust, Commercial, and Administrative Law
Ending Forced Arbitration of Sexual Harassment Act H.R. 1443 Rep. Cheri Bustos, D. Ill. 4/8/19: Referred to the Subcommittee on Antitrust, Commercial, and Administrative Law
Restoring Statutory Rights and Interests of the States Act S. 635 Sen. Patrick Leahy, D., Vt. 2/28/19: Introduced
Preventing Risky Operations from Threatening the Education and Career Trajectories of (PROTECT) Students Act S. 867 Sen. Margaret Wood Hassan, D. N.H. 3/26/19: Referred to the Committee on Health, Education, Labor, and Pensions
Court Legal Access and Student Support (CLASS) Act S. 608 Sen. Richard Durbin, D., Ill. 2/28/19: Referred to the Committee on Health, Education, Labor, and Pensions
H.R. 1430 Rep. Maxine Waters, D. Calif. 4/8/19: Referred to the Subcommittee on Antitrust, Commercial, and Administrative Law
Safety Over Arbitration Act S. 620 Sen. Sheldon Whitehouse, D., R.I. 2/28/19: Referred to the Committee on the Judiciary
Arbitration Fairness for Consumers Act S. 630 Sen. Sherrod Brown, D., Ohio 2/28/19: Referred to the Committee on Banking, Housing, and Urban Affairs
Justice for Servicemembers Act H.R. 2750 Rep. David Cicilline, D. R.I. 6/26/2019: Referred to the Subcommittee on Antitrust, Commercial, and Administrative Law

 

Ending Forced Arbitration for Victims of Data Breaches Act H.R. 327 Rep. Ted Lieu, D. Calif. 1/25/19: Referred to the Subcommittee on Consumer Protection and Commerce

The bill with the most co-sponsors (215 House members and 34 Senators) and the most prominent media coverage is the Forced Arbitration Injustice Repeal (FAIR) Act, which would ban pre-dispute arbitration in employment, consumer, antitrust, and civil rights disputes. Introduced in both the House and the Senate, the FAIR Act was recently referred to the House Subcommittee on Antitrust, Commercial, and Administrative Law.

Another bill with growing support (96 House members and 18 Senators co-sponsoring) is the Bringing an End to Harassment by Enhancing Accountability and Rejecting Discrimination (BE HEARD) in the Workplace Act. The BE HEARD in the Workplace Act bans all pre-dispute arbitration agreements that require arbitration of a work dispute, and all post-dispute arbitration agreements where an employee’s consent was coerced, or if the agreement was not in sufficiently plain language likely to be understood by the average worker.

The BE HEARD in the Workplace Act would also amend the NLRA to expand “Unfair Labor Practices” to situations where an employer enters into or attempts to enforce any agreement that prevents litigation, or support of joint, class, or collective claims arising from or relating to the employment of a worker, coerces the worker to enter into such an agreement, and retaliates against a worker for refusing to enter into such an agreement. The House bill, sponsored by Rep. Katherine Clark, D., Mass., is currently in the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.

Another key bill, with 48 members of the House and 18 Senators co-sponsoring, is the Restoring Justice for Workers Act. This bill would amend the NLRA to prohibit pre-dispute arbitration agreements that require arbitration of work disputes, retaliation against workers for refusing to enter into arbitration agreements and ensure that post-dispute arbitration agreements are “truly voluntary.” The House bill, sponsored by Rep. Jerrold Nadler, D., is currently in the Subcommittee on Antitrust, Commercial, and Administrative Law.

The Latif holding that the FAA preempts § 7515 might push federal and state lawmakers to accelerate the momentum of the pending federal legislation. Judge Cote in Latif notes that the law already had been cited by the U.S. Supreme Court, in dissent, as an example of state action that seeks to protect workers’ ability to bring sexual harassment suits in court in the wake of other top court decisions backing employment arbitration. See Lamps Plus v. Varela, 139 S. Ct. 1407, 1422 (2019) (Ginsburg, J., dissenting) (available at http://bit.ly/2GxwFbC).

Although legislation that has sought to ban fully pre-dispute arbitration agreements has not been successful, this could change given the political landscape and outcome of the 2020 election.

The author, a Summer 2019 CPR Institute intern, is a law student at Brooklyn Law School.

 

 

Update: ADR Breakfast on New York State’s Presumptive Mediation Implementation

By Savannah Billingham-Hemminger

An official of the New York state court system introduced new efforts on boosting the use of alternative dispute resolution, and especially mediation, at a regular gathering of practitioners last week.

Lisa Denig, Special Counsel for ADR Initiatives for the NY State Office of Court Administration, spoke about the moves, characterized by what the state is calling “presumptive ADR,” at the monthly New York City John Jay College of Criminal Justice ADR Breakfast on July 11.

In attendance were attorneys, neutrals, and representatives of organizations who are interested in how the ADR steps, part of New York State Chief Judge Janet DiFiore’s Excellence Initiative, would affect their practices. The effort will push litigants to using ADR in an effort to expedite and improve the quality of outcomes in the state court system.

Full details on the presumptive ADR and mediation efforts are in the new issue of Alternatives to the High Cost of Litigation, at “‘Presumptive Mediation’: New York Moves to Improve Its Court ADR Game,” 37 Alternatives 107 (available at http://bit.ly/2GbCWdK).

Denig opened the briefing with background on the effort. Earlier this year, Chief Judge DiFiore introduced the idea as a way to reduce court backlogs. While many pilot programs had already been conducted, the move is designed to ensure full participation and cement ADR as an option—as well as a focus—in all state courts.

While many perceive the efforts as a mediation-based program, it is officially termed “Presumptive ADR” because not every court will focus on mediation. Courts in the state’s 13 judicial districts are being given freedom to adopt programs in accordance with local demand. The districts are making ADR plans based upon their typical cases, and matching that with the ADR methods that work best for these cases.

The plans, which are being drafted by the administrative judge of each judicial district, are due to be submitted by Sept. 1. Denig said that the hope is that implementation will roll out by the end of the year. There are certain types of civil cases that are not conducive to ADR methods, but she assured the audience that presumptions will not change, but rather, the ADR approach will be adjusted.

The culture shift in New York state courts’ approach to cases has already brought up some challenges. Denig noted the biggest issues to be addressed included language diversity of neutrals; power imbalances in mediation; opt-out provisions for certain cases, and neutrals’ compensation.

She stated that these challenges are being worked out this summer. The administrative judges are looking at other states as models in addressing these issues, formulating their plans and developing their local rules. There will be statewide and local rules for the initiative, and they are being developed on parallel tracks.

The breakfast audience brought up many scenarios that members currently face in their ADR practices. The biggest concern—not surprising in a gathering that is often heavily attended by neutrals–is the state’s hiring process, requirements, and neutral compensation.

The answer to the questions was: Stay tuned.  Lisa Denig listened to the concerns, and assured the group that once the plans roll out in September, the presumptive ADR path will be much clearer.

The New York state court system’s May 14 announcement on the presumptive ADR moves is available at http://bit.ly/32lhjkq.

 

The author, a Summer 2019 CPR Intern, is a law student at Pepperdine University School of Law in Malibu, Calif.

 

 

 

Success: Many Controversial Amendments to CPLR’s Article 75 on Arbitration Via NY State 2018 Budget Bill Removed

By Ginsey Varghese

Via budget bill AB 9505 for fiscal year 2018-2019, the New York State (NYS) Assembly proposed several amendments to Article 75 of the NY Civil Practice Law & Rules (CPLR), rules governing arbitrations. AB 9505, print 9505c §§ 6-10, p.189-192 (Jan. 18, 2018).

In responses in late March, arbitral institutions, including CPR and AAA, as well as the New York State Bar Association’s Dispute Resolution Section and the New York City Bar Association’s Arbitration Committee and International Commercial Disputes Committee, issued comments about the proposed amendments to Article 75 of the CPLR, raising concerns and highlighting the expected negative impact on New York’s pro-arbitration reputation.

Some of the key concerns on the earlier draft of the bill (AB9505c) were as follows:

  • NY CPLR § 7507, as currently written, requires that an arbitration award must be in writing. The proposed amendments would have required that all arbitral awards “state the issues in dispute and contain the arbitrator’s findings of fact and conclusions of law.” at §8, p.191 lines 31-34.  This proposal was criticized for importing litigation concepts – “findings of fact and conclusions of law” –  incongruent with arbitration, creating additional cost and confusion.  Moreover, parties in an arbitration, especially sophisticated ones, often do not seek formal court-like decisions, rather, “reasoned” awards and the freedom to design a process for the parties involved.  The proposed amendment would have essentially rendered impossible creative and collaborative approaches to dispute resolution.
  • In proposed amendments to NY CPLR § 7511, the bill would have codified “manifest disregard of the law” of an arbitrator as additional grounds to vacate an award. Id at 9, p. 191 lines 51-52. Manifest disregard of the law is a highly controversial doctrine, and courts across the country have not considered it uniformly because it is often criticized as diminishing the finality of arbitration awards. Claudia Salomon, New York Vacates Arbitral Award with Manifest Disregard Doctrine, 258(25) N.Y. L.J. (Aug. 7, 2017) (available at http://bit.ly/2DL3vCq).  New York courts have rarely used the “manifest disregard” standard, reflecting respect for the arbitral process and thereby maintaining New York State’s pro-arbitration reputation.  Id.
  • Under the proposed amendments to NY CPLR § 7504, concerning the “appointment of an arbitrator,” the bill requires all arbitrators to be “non-neutral third-party arbitrator[s],” adding also that it was a non-waivable requirement. AB 9505 §6, p.190 lines 1-9. Would the common practice of party-selected arbitrators on a panel render the arbitrator “non-neutral”?  What about choice for sophisticated parties desiring an expert to adjudicate? The core concerns were the lack of clarity concerning the definition of “neutrality” and the failure to respect the principle of party autonomy, a fundamental benefit of arbitration.
  • Proposed amendments to NY CPLR § 7504 would also have allowed the parties to wait until the eve of the arbitration hearing to raise objections to the arbitrator(s), even if the party knew of grounds earlier, setting the stage for disruption and delay tactics in the arbitration. (AB 9505 § 6, p. 190 lines 45-48.)

The Ways and Means Committee omitted the proposed amendments to Article 75 of the CPLR in its latest draft (9505d) on March 28, 2018 – a major victory for the New York arbitral community, which had cautioned that “considering amendments of this magnitude in the context of a budget bill does not provide the level of due process and scrutiny decades of New York arbitration practice deserves” and had urged the legislature to “allow a thorough review, hearings and an opportunity for public comment.” CPR, Comments on Sections 6-11 of New York Assembly Bill 9505 (Mar. 23, 2018)(available at https://bit.ly/2ElR9Rp); 2017 Bill Tracking NY A.B. 9505.

On March 29, 2018, the bill (without the above-referenced amendments) passed both floor votes in the NY State Senate and the NY State Assembly and is awaiting Governor Andrew Cuomo’s approval. AB 9505, §§ 6-10, p.189-192 (Jan. 18, 2018).

The entire bill – AB 9505 – in its latest form is available at: http://bit.ly/2pvMTcv.

Another piece of budget legislation to monitor is S7507-C/AB9507-C, which will impact the arbitration of sexual harassment claims. AB 9507, Part KK, Subpart B, §1, p.80-81, lines 22-54 (available at https://bit.ly/2uMRmxu).

The bill renders mandatory arbitration clauses in sexual harassment claims “null and void.” Id. at p. 80, line 52.

On March 30, 2018, S7507-C/AB9507-C also passed floor votes in the NY State Senate and the NY State Assembly and is currently before the Governor Cuomo. Id.

Governor Cuomo is expected to sign the bill into law. Vivian Wang, New York Rewrites Harassment Laws, but Some Say the Changes Fall Short, N.Y. Times (Mar. 30, 2018) (available at https://nyti.ms/2HfX11O).

The bill is a part of broader state proposal to address sexual harassment in the workplace. See Summary of the Assembly Recommended Changes to the Executive Budget, Legislative Reports, at 76 (Mar. 13, 2018) (available at https://bit.ly/2Hwt64p).

According to the National Conference of State Legislatures, NY’s move to address sexual harassment mirrors a larger effort nationally as “29 states have introduced [similar] sexual harassment bills in 2018.” Wang, supra.


The author is a CPR Institute 2018 intern. She is a law student at Pepperdine University’s School of Law in Malibu, Calif.