Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that prohibits employers from using secret settlements to prevent workers from speaking out about all kinds of illegal harassment or discrimination, with some limited exceptions.

Highlights:

• Specifies an existing law that prohibits a settlement agreement from preventing the disclosure of factual information regarding specific acts related to a claim filed in a civil action or a complaint filed in an administrative action. These acts include sexual assault, as defined; sexual harassment, as defined; an act of workplace harassment or discrimination based on sex, failure to prevent such an act, or retaliation against a person for reporting such an act; and an act of harassment or discrimination based on sex by the owner of a housing accommodation, as defined, or retaliation against a person for reporting such an act (Sec. 1).

• Expands the prohibition to include acts of workplace harassment or discrimination not based on sex and acts of harassment or discrimination not based on sex by the owner of a housing accommodation (Sec. 1).

• Prohibits an employer or former employer from including in any agreement related to an employee’s separation from employment any provision that prevents the disclosure of information about unlawful acts in the workplace (Sec. 1).

• Requires that a nondisparagement or other contractual provision that restricts an employee’s ability to disclose information related to conditions in the workplace to include, in substantial form, the following language: “Nothing in this agreement prevents you from discussing or disclosing information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that you have reason to believe is unlawful” (Sec. 1).

• Establishes that a settlement agreement that prevents or restricts the disclosure of factual information related to a claim filed in a civil action or a complaint filed in an administrative action, regarding any of the following, is prohibited in these instances (Sec. 1):

• An act of sexual assault; 

• An act of sexual harassment; 

• An act of workplace harassment or discrimination, failure to prevent an act of workplace harassment or discrimination, or an act of retaliation against a person for reporting or opposing harassment or discrimination; and

• An act of harassment or discrimination, or an act of retaliation against a person for reporting harassment or discrimination by the owner of a housing accommodation.

Full Bill Text