Connie M. Leyva
- Democratic
Author
Existing law prohibits a settlement agreement from preventing the disclosure of factual information regarding specified 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. This bill would clarify that this prohibition includes provisions which restrict the disclosure of the information described above. For purposes of agreements entered into on or after January 1, 2022, the bill would also expand 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. The California Fair Employment and Housing Act (FEHA) prohibits various actions as unlawful employment practices unless the employer acts based upon a bona fide occupational qualification or applicable security regulations established by the United States or the State of California. In this regard, FEHA makes it an unlawful employment practice for an employer, in exchange for a raise or bonus, or as a condition of employment or continued employment, to require an employee to sign a nondisparagement agreement or other document that purports to deny the employee the right to disclose information about unlawful acts in the workplace, including, but not limited to, sexual harassment or discrimination. This bill would provide that unlawful acts in the workplace for these purposes include any harassment or discrimination and would instead prohibit an employer from requiring an employee to sign a nondisparagement agreement or other document to the extent it has the purpose or effect of denying the employee the right to disclose information about those acts. The bill would make it an unlawful employment practice for an employer or former employer to include in any agreement related to an employee's separation from employment any provision that prohibits the disclosure of information about unlawful acts in the workplace. The bill would provide that any provision in violation of that prohibition would be against public policy and unenforceable. The bill would require a nondisparagement or other contractual provision that restricts an employee's ability to disclose information related to conditions in the workplace to include specified language relating to the employee's right to disclose information about unlawful acts in the workplace.
Chaptered by Secretary of State. Chapter 638, Statutes of 2021.
Approved by the Governor.
Enrolled and presented to the Governor at 2 p.m.
Assembly amendments concurred in. (Ayes 30. Noes 8. Page 2214.) Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 58. Noes 13. Page 2515.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Read third time and amended.
Ordered to third reading.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 5. Noes 1.) (June 22).
Read second time and amended. Re-referred to Com. on L. & E.
From committee: Do pass as amended and re-refer to Com. on L. & E. (Ayes 8. Noes 3.) (June 8).
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 29. Noes 8. Page 1036.) Ordered to the Assembly.
Read second time. Ordered to third reading.
Ordered to second reading.
Withdrawn from committee.
May 3 hearing postponed by committee.
Set for hearing May 3.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 2. Page 775.) (April 13).
Set for hearing April 13.
March 23 set for first hearing canceled at the request of author.
Set for hearing March 23.
(Ayes 32. Noes 4.)
Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)
Art. IV. Sec. 8(a) of the Constitution dispensed with.
From printer. May be acted upon on or after March 11.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB331 | HTML |
| 02/08/21 - Introduced | |
| 04/15/21 - Amended Senate | |
| 06/09/21 - Amended Assembly | |
| 08/16/21 - Amended Assembly | |
| 09/01/21 - Enrolled | |
| 10/07/21 - Chaptered |
| Document | Format |
|---|---|
| 03/20/21- Senate Judiciary | |
| 04/23/21- Senate Judiciary | |
| 04/28/21- Sen. Floor Analyses | |
| 06/05/21- Assembly Judiciary | |
| 06/18/21- Assembly Labor and Employment | |
| 06/25/21- ASSEMBLY FLOOR ANALYSIS | |
| 08/18/21- ASSEMBLY FLOOR ANALYSIS | |
| 08/28/21- Sen. Floor Analyses |
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