States Limit Workplace Confidentiality Agreements

Confidentiality agreements have come under fire during the #MeToo movement as one way abusive men have been able to hold on to their jobs, and keep harassing more women.

State lawmakers are listening. They introduced bills in at least 16 states this year to restrict the use by private employers of nondisclosure agreements in sexual harassment cases, according to the National Conference of State Legislatures (NCSL). The provisions became law in six states: Arizona, Maryland, New York, Tennessee, Vermont and Washington.
Lawmakers in California also took action this past week, sending two bills to the governor. One, championed by actress Jane Fonda and former Fox News anchor Gretchen Carlson, would prohibit employers from requiring nondisclosure agreements related to sexual misconduct as a condition of getting or keeping a job.

The other would ban settlements in sexual harassment or discrimination cases that seek to keep the circumstances secret. It would apply to the private sector, government agencies and the legislature.