Heather C. Briccetti, Esq.

President & CEO

December 7, 2020

Honorable Kirsten Gillibrand

United States Senate
478 Russell
Washington, DC 20510

Dear Senator Gillibrand:

As Congress works toward agreement on critical COVID relief legislation, we reiterate our strong
support for business liability protections. The Business Council represents more than 2,200 private
sector employers of all sizes and in all sectors across New York State, including more than 80 local
chambers and other business associations.
Over the past several months, we have partnered with other national and state-level organization to urge
New York’s Senators and Congressmembers to support reasonable, necessary liability protections for
employers making good faith efforts to protect employees and customers alike and comply with all
applicable state and federal safety requirements.
Specifically, we have in the past endorsed timely, targeted, and temporary liability relief provisions
contained in S.4317, the “SAFE TO WORK Act” in broader COVID relief legislation. Such provisions
assure safeguards for employees, while providing critical certainty to businesses, non-profit
organizations, and educational institutions through protection against unfair lawsuits.
Importantly, this kind of language would only provide liability protection to entities that were making
reasonable efforts to comply with all applicable government standards and guidance related to
addressing coronavirus exposures and would not provide protection in cases of gross negligence or
willful misconduct that caused actual exposure to and personal injury from coronavirus. The previously
proposed protections are both limited in duration and scope. They also allow states to provide additional
protections if they so choose and, critically, preserve reasonable recourse for those harmed by truly bad
actors.
Our members remain concerned that, despite doing their best to follow applicable government
guidelines, they will be forced to defend against meritless lawsuits. New York’s business community
seeks liability relief provisions that are balanced and would ensure that unfair lawsuits against those who
work to comply with applicable governmental guidelines do not impede the American people’s health,
social, and economic recovery.
On behalf of New York State’s private sector employers, we urge you to support inclusion of crucial
liability protections in any new COVID relief legislation.
Sincerely,

/pb