CA: Prohibits employers from requiring employees to sign settlement and non-disparagement agreements that include harassment or discrimination

This law provides 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 law makes 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 law provides that any provision in violation of that prohibition would be against public policy and unenforceable. The law requires a non-disparagement 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.

California Senate Bill 331 (2021)

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