New York’s Adult Survivors Window Just Closed: Now what?

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Michelle A. Liebesman

November 27, 2023

New York already had some of the longest statutes of limitations for civil claims for sexual abuse. Then, in 2022, New York enacted the Adult Survivors Act (ASA),[1] which temporarily gave adult survivors of sexual abuse a year-long window of time to seek civil remedies against their abusers, regardless of when the abuse occurred. The ASA also allowed victims to sue a current or former employer for sexual abuse that occurred in the workplace, again, no matter how long ago the abuse occurred. Although New York’s lookback window just closed on November 23, 2023,[2] there are similar “revival windows” currently open or being contemplated around the country, and some of them are quite broad.[3]

Takeaway for Employers
Because no company is immune to litigation or the evidentiary challenges presented by defending old or previously unraised claims, employers are wise to collect and maintain all documents that could be critical to their defense, including old employee handbooks and anti-harassment policies, internal investigation files, and personnel files for anyone allegedly involved in an incident occurring in the workplace.

It is equally important – if not more so – for employers to implement measures designed to prevent sexual abuse in the first instance.  Examples of preventative strategies include:

• Adopting and posting strong anti-harassment policies that underscore your company’s values, culture of professionalism and respect, and intolerance of bad behavior in the workplace
• Offering annual training, even if you are not located in a state (like CT, DE, ME, or NY, among others) that requires companies to annually train workers in preventing sexual harassment in the workplace
• Making sure you have adequate reporting and investigation procedures in place
• Encouraging workers to proactively flag warning signs
• Investigating promptly and, as appropriate, holding abusers accountable by imposing meaningful disciplinary consequences

Last, employers interested in additional information and guidance, or in need of help defending an abuse claim brought under a revival window, should consult with an attorney.

*Special thanks to Ava Petrellese, our Paralegal, for her contributions to this article.

The author of this article, Michelle A. Liebesman, is a member of the Bar of Pennsylvania.  This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Pennsylvania, New York, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist.  Always consult an attorney with specific legal issues.

[1] https://legislation.nysenate.gov/pdf/bills/2021/S66A

2 Now that the lookback period is over, individuals must file their claims within the New York Statute of Limitations, which varies depending on whether the sexual abuse was experienced as a child or an adult. Victims over the age of 18 have up to 20 years to take action for new offenses. The Child Victims Act gives victims under the age of 18 the ability to file a civil lawsuit up until the age of 55.

3 See, e.g., Louisiana’s 2022 La. Acts 386, § 1 (opening three-year window, until mid-2024, for victims to file expired claims); Maine’s 14 M.R.S. § 752-C, as amended (eliminating any statute of limitations for claims of child sex abuse).