STATUS: Enacted

Prohibits NDAs in employment contracts or settlements related to claims of discrimination, retaliation, or harassment, and provisions in employment contracts that waive any substantive or procedural right or right or remedy related to such claims.

The law makes non-disclosure agreements in employment contracts or settlement agreements that prevent disclosure of details relating to a claim of discrimination, retaliation, or harassment unenforceable against employees. If, however, an employee reveals information that allows identification of the employer, the employee cannot enforce the employer’s NDA obligations. The law also prohibits provisions in employment contracts that waive any substantive or procedural right or right or remedy (e.g. forced arbitration agreements) related to discrimination, retaliation or harasssment claims. Lastly, it prohibits retaliation against employees for refusing to enter into such contracts or agreements containing such provisions.

Read the full law.