News & Analysis as of

Non-Disclosure Agreement Confidentiality Agreements Sexual Harassment

Vorys, Sater, Seymour and Pease LLP

Texas Invalidates Confidentiality Clauses in Sexual Abuse Cases

Effective September 1, 2025, Texas employers must comply with Trey’s Law (S.B. No. 835), a new law that voids certain confidentiality and nondisclosure clauses related to sexual abuse. This legislation echoes a growing...more

Dorsey & Whitney LLP

My Employees Have Seen Too Much. Can I Make Them An Offer They Can’t Refuse?

Dorsey & Whitney LLP on

It is common knowledge that employers have a vested interest in the confidentiality and discretion of their employees, especially in emerging or sensitive industries. ...more

Seyfarth Shaw LLP

In defence of non-disclosure agreements

Seyfarth Shaw LLP on

Non-disclosure agreements (NDAs or confidentiality agreements) have come under fire in recent years due to concerns that they silence victims, conceal unlawful behaviour and prevent companies and regulators from understanding...more

Littler

Utah Enacts New #MeToo-Inspired Law Related to Confidentiality Clauses

Littler on

Utah joins the growing list of states, including California, New Jersey and New York, enacting their own #MeToo-inspired laws prohibiting confidentiality clauses regarding sexual misconduct. The #MeToo movement seeks to limit...more

Troutman Pepper Locke

Virginia Legislature Makes Changes to Employment Law

Troutman Pepper Locke on

During Virginia's 2023 legislative session, a number of changes impacting employment law were passed and signed into law by Governor Glenn Youngkin. Those laws will become effective July 1. The following briefly describes...more

ArentFox Schiff

Virginia Bans Non-Disclosure, Confidentiality, and Non-Disparagement Clauses Related to Sexual Harassment Claims in Employment...

ArentFox Schiff on

This has been a banner year for employee-friendly legislation in the Commonwealth of Virginia. As previously reported, Governor Glenn Youngkin signed into law Senate Bill 1086, which requires covered employees to provide...more

Williams Mullen

Virginia Expands Nondisclosure Agreement Law to Include Sexual Harassment Claims

Williams Mullen on

On March 26, 2023, Governor Glenn Youngkin signed HB 1895 into law which will amend Virginia Code § 40.1-28.1, entitled, “Nondisclosure or confidentiality agreement; provisions regarding sexual assault; condition of...more

Littler

Virginia’s Legislative Session Concludes with a Handful of New Employment Laws

Littler on

The 2023 Virginia legislative session closed last month with substantially less activity than we have seen in recent years, in light of the politically divided government in the Commonwealth. The following briefly describes...more

Genova Burns LLC

Practical Considerations On The Speak Out Act

Genova Burns LLC on

On December 7, 2022, President Biden signed the Speak Out Act into law. The Act prohibits the enforceability of non-disparagement and non-disclosure provisions in agreements before a claim (informal or formal) of sexual...more

Holland & Hart - Employers' Lawyers

End of Year Federal Employment Law Update: 2022

In 2022, there were some impactful, but relatively quiet developments in federal employment law. These developments affect confidentiality, non-disparagement, and arbitration agreements, and create protections for pregnant...more

Parker Poe Adams & Bernstein LLP

New Legislation Limits Use of Confidentiality Agreements to Prevent Discussion of Sexual Harassment

On November 16, 2022, Congress passed the Speak Out Act, which garnered bipartisan support in both the House and the Senate. President Biden signed the legislation on Wednesday, December 7, 2022....more

Herbert Smith Freehills Kramer

The Speak Out Act – New Law Implements Limits on Confidentiality and Nondisparagement Provisions

On Nov. 16, 2022, the House passed the “Speak Out Act,” which President Biden is expected to sign into law. The Act limits the enforceability of pre-dispute nondisclosure and non disparagement provisions relating to disputes...more

Smith Debnam Narron Drake Saintsing & Myers,...

Use of Pre-Dispute Confidentiality Provisions Regarding Sexual Harassment Will Soon Fall by the Wayside

In March of 2022, we reported the passage of landmark legislation paving a clearer path for individuals to pursue workplace sexual harassment and sexual assault claims in court. The Ending Forced Arbitration of Sexual Assault...more

Fisher Phillips

Congress Voids Sexual Harassment NDAs: 10 Things Employers Need to Know

Fisher Phillips on

Congress just passed a law Wednesday that will prevent employers from forcing victims of sexual harassment and assault to remain quiet in response to alleged abuse, requiring some businesses to alter their business practices...more

K&L Gates LLP

Working Wise: Silenced No More: A Survey Across Three States

K&L Gates LLP on

Penny Chen, Jin To, and Jessica Kang, lawyers in K&L Gates’ Labor, Employment and Workplace Safety practice group, discuss California, Illinois, and Washington states’ various “silence no more” type acts, which prohibit...more

Epstein Becker & Green

#WorkforceWednesday: Sick Leave in New York, California Law Update, and Oregon’s Workplace Fairness Act Takes Effect

Epstein Becker & Green on

Welcome to #WorkforceWednesday. This week, we have updates on a range of new laws taking effect in New York City, California, and Oregon. NYC Amends Sick Leave Law to Match State Law New York City recently amended its...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Mexico Prohibits Nondisclosure Agreements Related to Sexual Harassment, Discrimination, and Retaliation Claims

On March 4, 2020, New Mexico Governor Michelle Lujan Grisham signed into law House Bill 21, a bipartisan measure that limits the use of nondisclosure agreements (NDAs) in sexual misconduct cases. With the law’s enactment, New...more

Morgan Lewis

EHRC Issues Guidance on Workplace Harassment and Sexual Harassment

Morgan Lewis on

The UK’s Equality and Human Rights Commission (EHRC) has issued technical guidance setting out a detailed explanation of the law relating to harassment and sexual harassment, and offering employers practical recommendations...more

Skadden, Arps, Slate, Meagher & Flom LLP

Growing State Anti-Discrimination and Anti-Harassment Protections Create Patchwork of Regulations for Employers

The #MeToo Movement, now in its third year, continued its evolution from grassroots activism to legislative change in 2019, with new laws addressing discrimination and harassment emerging from state governments and resulting...more

Jackson Lewis P.C.

Virginia’s New Restrictions On Nondisclosure, Confidentiality Agreements Affect The Workplace

Jackson Lewis P.C. on

A new Virginia statute limits employers’ use of nondisclosure and confidentiality agreements with respect to “sexual assault” as a condition of employment. Under the new law, “Nondisclosure or Confidentiality Agreements;...more

Harris Beach Murtha PLLC

New York State Updates Guidance on Harassment Prevention and Policies

Harris Beach Murtha PLLC on

New York State’s frequently asked questions (FAQ) guidance on harassment prevention has been updated to reflect several recent amendments to workplace harassment law. While the guidance is tailored to address sexual...more

Epstein Becker & Green

New York Releases Updated Guidance on Expansion of State Human Rights Law

Epstein Becker & Green on

New York State has updated its guidance on the new rules under the New York State Human Rights Law (“NYSHRL”) regarding discrimination, harassment, and retaliation claims. In particular, the Frequently Asked Questions...more

Hogan Lovells

Important Changes Coming to Nondisclosure Agreements in New York

Hogan Lovells on

Later this week, on October 11, 2019, several important changes are coming to the New York Human Rights Law (“NYHRL”). As you may recall, last year the New York legislature enacted legislation prohibiting employers from...more

International Lawyers Network

Sexual Harassment In The Workplace: What US: Washington State Companies Need To Know

Below are summaries of recent laws adopted in Washington State that could be interpreted as relating to the #MeToo movement. Some of them directly address sexual harassment and sexual assault; others are directed at providing...more

International Lawyers Network

Sexual Harassment In The Workplace: What Scottish Companies Need To Know

We include the 2018 chapter in its entirety for reference following the 2019 update. Background - As part of last year’s Labour & Employment group paper, "Sexual Harassment in the Workplace: What Your Company Needs to...more

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