CA: Restricted Use of Confidentiality Provisions

Bills Signed to Restrict the Use of Confidentiality Provisions

California Governor Jerry Brown has signed three bills into law that will restrict the use of non-disclosure, release, and non-disparagement agreements “that attempt to limit parties in discussing sexual harassment-related factual information”.

Jackson Lewis outlines the three bills as follows:

Senate Bill 820
This bill “voids any provision in a settlment agreement that restricts disclosure” of facts related to a sxual assault, harassment, or discrimination claim.

Assemby Bill 3109
This legislation “addresses settlement agreements that have the effect of silencing the accuser of harassment claims”.

Senate Bill 1300
This law “limits employers’ ability to obtain non-disparagement agreements or a release of claims from employees”.

All three pieces of legislation go into effect January 1, 2019.

For more information, please click here.


The information included in this blog post originally appeared in a Jackson Lewis publication on October 2, 2018, written by Susan E. Groff.

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