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42 U.S.C. § 19403Limitation on judicial enforceability of nondisclosure and nondisparagement contract clauses relating to sexual assault disputes and sexual harassment disputes

submitted 4 years ago by Pub. L. 117-224 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 163 words · no verdicts yet

in plain englishAI-generated · not legal advice

Courts cannot enforce nondisclosure or nondisparagement clauses signed before a sexual harassment or assault dispute. This applies only when the conduct is alleged to have broken the law. States can still give more speech protection, and trade secrets and pseudonym rules stay in place.

(a) In general. For a sexual assault or sexual harassment dispute, a court cannot enforce a nondisclosure clause or nondisparagement clause that the parties agreed to before the dispute started — but only when the conduct involved is alleged to have violated federal, tribal, or state law. (b) Continued applicability of State law. Nothing here stops a state or local government from enforcing its own nondisclosure or nondisparagement law, as long as that law protects free speech at least as much as this chapter does. (c) Continued applicability of Federal, State, and Tribal law. This chapter doesn't override federal, state, or tribal laws that let people use pseudonyms when filing sexual assault or sexual harassment claims. (d) Protection of trade secrets and proprietary information. Nothing here stops an employer and employee from protecting trade secrets or proprietary information.
the actual law source: uscode.house.gov ↗public domain
(a) In general

With respect to a sexual assault dispute or sexual harassment dispute, no nondisclosure clause or nondisparagement clause agreed to before the dispute arises shall be judicially enforceable in instances in which conduct is alleged to have violated Federal, Tribal, or State law.

(b) Continued applicability of State law

Nothing in this chapter shall prohibit a State or locality from enforcing a provision of State law governing nondisclosure or nondisparagement clauses that is at least as protective of the right of an individual to speak freely, as provided by this chapter.

(c) Continued applicability of Federal, State, and Tribal law

This chapter shall not be construed to supersede a provision of Federal, State, or Tribal Law 1 that governs the use of pseudonyms in the filing of claims involving sexual assault or sexual harassment disputes.

(d) Protection of trade secrets and proprietary information

Nothing in this chapter shall prohibit an employer and an employee from protecting trade secrets or proprietary information.

Source credit: (Pub. L. 117–224, § 4, Dec. 7, 2022, 136 Stat. 2291.)

history & why it existsrecord from the source credit
  • 2022Enacted · Pub. L. 117-224 · 136 Stat. 2291

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-224 on 2022-12-07.

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