HB 5574

Abstract

Amends the Workplace Transparency Act. Provides that an employer may not require a prospective, current, or former employee to sign a confidentiality provision of a settlement agreement or termination agreement relating to a claim of discrimination, retaliation, harassment, or sexual assault in the workplace. Provides that a confidentiality provision is permissible when it relates to the monetary amount of a settlement or it prohibits disclosure of facts that could lead to the identification of the employee. Provides for notice requirements. Defines "confidentiality provision". Effective January 1, 2023. House Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: In provisions concerning settlement or termination agreements, provides that an employee, prospective employee, or former employee and an employer may enter into a valid and enforceable settlement or termination agreement that includes promises of confidentiality related to the monetary amount of the settlement or facts that could lead to the identification of the employee if specified requirements are satisfied. Provides that such an agreement is enforceable if confidentiality is the documented preference of the employee, prospective employee, or former employee (rather than confidentiality is the documented preference of the employee, prospective employee, or former employee and is mutually beneficial to both parties). Adds sexual harassment as a claim covered under the Act. Effective January 1, 2023.