This law prohibits an employer, in exchange for a raise or bonus, or as a condition of employment of continued employment, from requiring an employee to waive claims of sexual harassment, or violations of the Fair Employment and Housing Act, or from requiring an employee to sign a nondisparagement agreement or other document that purports to deny the employee the right to disclose information about unlawful acts in the workplace, including, but not limited to, sexual harassment. These prohibitions do not apply to a negotiated settlement agreement. The law also provides guidance to the courts on the “severe or pervasive” legal standard applied to sexual harassment claims, to ensure that the standard is consistently and fairly applied, and authorizes an employer to provide bystander intervention training in addition to sexual harassment training already required under the law. Finally, the law provides that a prevailing defendant is prohibited from being awarded fees and costs unless the court finds the action was frivolous, unreasonable, or groundless when brought or that the plaintiff continued to litigate after it clearly became so.
STATUS: Enacted
Prohibits employers from requiring that employees waive claims of sexual harassment as a condition of employment, and provides other guidance around training and legal standards.