Most New York voters would back banning workplace non-disclosure agreements: poll

ALBANY, N.Y. (NEXSTAR) — A poll released in February indicated that most New York voters oppose companies using non-disclosure agreements (NDAs) to silence workers who report abuse, harassment, or discrimination. The majority polled supported a statewide ban on NDAs in such cases.

The poll from Lift Our Voices (LOV) and Morning Consult found that 56% of New York voters oppose workplace NDAs, representing 58% of Democrats and 51% of Republicans polled. Support for a statewide ban was even higher, with 68% in favor.

New York law bans NDAs in settlements unless the complainant requests one. But in practice, according to LOV, many settlements still require them even when abuse or harassment occurred. The group argued that the loophole forces victims into silence.

That's why they and other groups, like the Amplify Her Foundation, back legislation that would close loopholes, banning NDAs in public deals and workplace agreements. These anti-NDA campaigners want lawmakers to review and revise nondisclosure agreement rules in sexual harassment cases.

Several bills on the table in the current legislative session concern NDA reform:

• S373/A409 would drop secret non-disclosure clauses from government contracts for economic development projects that use public funds for tax breaks, bonds, loans, grants, and rebates.
• A1588 would stop charter schools from using NDAs in employee contracts.
• S496/A618 requires employers to explain to their employees that NDAs in their contracts don't prevent them from speaking with law enforcement, the EEOC, the State Division of Human Rights, a local human rights commission, or a lawyer.

Related bills in the previous legislative session—which have not been taken up again so far in 2025—included:

• S4370 would have required that bidders on state contracts include a confirmation that they have a written sexual harassment prevention policy and train their employees every year. It also requires regular reporting on sexual harassment claims, adverse judgments, and settlements.
• S4233/A2555A would have outlawed NDAs in contracts that don't let employees allege discrimination or labor law violations.

Lawmakers passed changes to NDAs in 2023 that expanded the rules to cover harassment and retaliation settlements and added protections for independent contractors. They barred employers from penalizing workers who broke agreements or forcing workers to deny that they experienced discrimination. But in specific scenarios—protecting trade secrets, preventing a worker from poaching clients when they leave a firm, or establishing a fixed term of employment—NDAs remained in effect.

Former Fox News host Gretchen Carlson helped found LOV in 2019 after she claimed to have experienced workplace sexual harassment. LOV helped pass federal laws in 2022 that limit NDAs, and works against NDAs and forced arbitration clauses that silence workers. LOV argued that Gov. Kathy Hochul would gain more support from voters if she came out in support of bills that reform NDAs.

“Ahead of next year's elections, state leaders should be paying attention and working to pass legislation that bans NDAs," Carlson said. “Voters in New York stand with workers and their right to speak out against discrimination.”