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2023 SESSION

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HB 1895 Sexual harassment; nondisclosure or confidentiality agreement.

Introduced by: Eileen Filler-Corn | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Nondisclosure or confidentiality agreements; prohibited nondisparagement provisions; claims of sexual harassment. Provides that no employer may require an employee or prospective employee to execute or renew any provision in a nondisclosure or confidentiality agreement, including any provision regarding nondisparagement, that has the purpose or effect of concealing the details of a sexual harassment claim. Any such provision is against public policy and is void and unenforceable.

SUMMARY AS INTRODUCED:


Employee protection; prohibited retaliation; prohibited nondisclosure and nondisparagement provisions; civil penalty. Prohibits the inclusion of provisions in any employment contract that waive an employee, prospective employee, or independent contractor's rights to disclose or discuss conduct that an employee reasonably believes under state, federal, or common law to be discrimination, including harassment, retaliation, a wage or hour violation, sexual assault, a fraud (against taxpayers, shareholders, the government, consumers, or other employees), or other conduct that is recognized as against a clear mandate of public policy. The bill prohibits such nondisclosure and nondisparagement provisions in any employment contract or settlement agreement that concerns conduct at the workplace, at work-related events coordinated by or through an employer, between employees, or between an employer and an employee, whether on or off the employment premises. Under the bill, no employer shall discharge or otherwise retaliate against an employee, prospective employee, or independent contractor for disclosing or discussing conduct related to illegal harassment, discrimination, retaliation, a wage or hour violation, or sexual assault. An employer that violates the provisions of the bill may be subject to actual damages or statutory damages of $10,000. The also bill requires employers to include in any settlement agreement or employment agreement with an employee a disclaimer that the agreement does not prohibit an employee from disclosing conduct as protected under the bill. The provisions of the bill apply to contracts entered into, renewed, modified, or amended on or after July 1, 2023 and apply retroactively to any provision in an existing contract or agreement that is deemed void and unenforceable under the bill.