BOP NEWSLETTER • April 2023

Did you know that New York eliminated time limitations for sexual assault claims?

Under New York’s Adult Survivors Act (ASA), individuals alleging “intentional or negligent acts or omissions by a person for physical, psychological, or other injury or condition suffered as a result of conduct which would constitute a sexual offense…or incest,” as defined by New York penal law, may sue under the ASA, irrespective of when the offense occurred. The ASA’s one-year lookback period allows those individuals to commence a civil action under this act as late as Nov. 24, 2023.

What does this mean for New York employers? Certain sexual offenses could include any unwanted sexual contact in the workplace. An individual may choose to sue a former manager or employer they feel is responsible for a past incident of unwanted sexual touching. The employer need not have had direct knowledge of or involvement in the alleged abuse to be sued.

New York employers should consult an attorney if they receive an action or threat of action under the ASA.