Bill > H10

This bill aims to restrict the use of nondisclosure agreements (NDAs) in cases involving workplace misconduct, specifically targeting settlements related to harassment, discrimination, sex offenses, and retaliation. The bill prohibits settlement agreements from preventing disclosure of factual information about these types of workplace incidents, though victims can choose to keep their identity confidential. It requires that settlement agreements related to such claims be processed through the state's financial transparency platform (CTHRU) and reported to the Office of the Comptroller annually. For government entities, the bill explicitly bans including non-disclosure or non-disparagement clauses as a condition of employment or in settlements, with the exception of protecting an individual's identity if requested. The legislation provides additional protections for victims, including the right to a jury trial, potential award of attorney's fees if they prevail, and ensures that previous settlements cannot penalize victims for disclosing information that would now be legally permissible. The bill also introduces potential professional disciplinary actions for attorneys who attempt to include prohibited confidentiality provisions in settlements. Importantly, the Act takes effect immediately upon enactment, signaling an urgent desire to address workplace misconduct and transparency.

Justice

https://malegislature.gov/Bills/194/H10