A confidentiality clause prevents legal teams and other members of a case from discussing certain facts related to a settlement. In general, New York courts uphold confidentiality clauses as long as they do not violate public policy or interfere with a party's statutory rights.New York State amends requirements for nondisclosure provisions in settlement agreements and expands statute of limitations for NYSHRL claims. Once a complaint has received a probable cause determination, the parties may only enter into a settlement agreement with the consent of the Division. Confidentiality clauses in settlement agreements are the rule these days. Read about the ethical and practical issues of confidential settlement agreements. Attaching Confidential Settlement Agreement to Complaint Serves as Basis for Counterclaim. New York employers who use separation agreements or settle claims of harassment, discrimination, or retaliation must ensure they comply with a new amendment. You should not sign a confidentiality clause in a settlement agreement if you do not plan on keeping your settlement confidential.