Adult Survivors Act creates significant exposure for New York employers

On May 24, 2022, New York Gov. Kathy Hochul signed the Adult Survivors Act (ASA) into law. The ASA allows certain sexual abuse victims who were 18 years or older at the time of the alleged incidents to file a civil lawsuit against an individual or entity even if the statute of limitations has passed. Read on to understand how the new law subjects your business to tremendous liability.

Background

In New York, the statute of limitations for most intentional torts (or wrongful injury actions), including assault, is one year. The statute of limitations for negligence is three years. In addition, those filing claims against municipalities must submit a notice of claim, usually within 90 days of the injury’s occurrence. Those filing employment discrimination or retaliation claims under the New York State Human Rights Law (NYSHRL) may be required to submit a complaint with the New York state human rights commissioner within one year of the alleged wrong.

The ASA, which is based on the earlier Child Victims Act (CVA), would allow claims by adult sexual abuse survivors to avoid the above statutes of limitations, notice-of-claim deadlines, and NYSHRL complaint-filing cutoff dates by creating a special one-time, one-year “lookback window.” The newly created window will allow a victim to file a lawsuit against an individual or entity (e.g., business, nonprofit, municipality, or institution) that the individual believes intentionally or negligently caused physical, psychological, or other injury arising out of a “sexual offense” as defined in Section 130 of the New York Penal Law.