42 U.S.C. § 19403 — Limitation 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
This section makes certain pre-dispute nondisclosure and nondisparagement clauses unenforceable in covered sexual assault and sexual harassment disputes. It preserves specified state, federal, tribal, trade-secret, and proprietary-information protections.
(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 must 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 must 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 must 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 must prohibit an employer and an employee from protecting trade secrets or proprietary information.
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.
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.
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.
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.)
- 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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