Position Statement -2019

S.3249 (Salazar) / A.271 (Seawright)

Support

The Women’s Bar Association of the State of New York (WBASNY) supports and strongly encourages the passage of A.5777/S.3754, which would prohibit employers from requiring an employee or person seeking employment to waive, arbitrate or otherwise diminish any existing or future claim, right or benefit to which the employee or person seeking employment would otherwise be entitled to under State or Federal law.

An employee and prospective employee should not have to choose between signing a waiver and keeping or getting a job. The inequitable bargaining power between a large employer and a single, non-unionized employee is indisputable.  Employees should be protected from adhesion contracts that require the waiver of the right to bring claims in whatever forum they choose, and employees should not be required to waive any future rights and claims in order to be gainfully employed and support their families.  This legislation would protect workers from being forced into these types of situations.

WBASNY consists of over 4,200 members from twenty (20) chapters across New York State dedicated to promoting the advancement of the status of women in society and of women in the legal profession, and to the fair and equal administration of justice. Our members include individuals from all levels of state and federal benches, as well as prominent attorneys practicing in all areas of the law, educators and government leaders.