Vote Smart's Synopsis:

Vote to pass a bill that prohibits employers from requiring employees to sign nondisclosure agreements prior to employment.

Highlights:

• Prohibits the employment practice of an employer requiring an employee to enter into a contract or agreement that contains a nondisclosure agreement, nondisparagement agreement, waiver, or other provision as a condition of employment that has the purpose of preventing an employee from disclosing or discussing discrimination between an employer and employees at any of the following locations, including (Sec. 1):

• In the workplace;

• At a work-related event coordinated by or through the employer; or

• Off the employment premises.

• Prohibits an employer from having their employee enter into a settlement, separation, or severance agreement that includes a provision that prevents the disclosure of factual information relating to a claim of discrimination or harassment, unless at the request of the employee (Sec. 1).

• Specifies that a nondisclosure provision in a settlement agreement shall not explicitly or implicitly limit an individual to testify, provide evidence, file claims, or make reports to any federal or state agency that enforces employment or discrimination laws, including (Sec. 1):

• The Maine Human Rights Commission; and

• The Department of Labor.

• Specifies that a nondisclosure provision in a settlement agreement shall not explicitly or implicitly prevent an employee from providing testimony or evidence in a state or federal litigation or proceeding, including class or collective actions against the employer (Sec. 1).

• Requires the employer to include in a settlement agreement that includes any nondisclosure provision additional language that clearly states that an employee retains the right to provide testimony or evidence, file claims or make reports to federal or state agency that enforces employment or discrimination laws, including (Sec. 1):

• The Maine Human Rights Commission; and

• The Department of Labor.

Full Bill Text