Signed by Governor Michelle Lujan Grisham

Vote Smart's Synopsis:

Vote to pass a bill that prohibits nondisclosure agreements in sexual harassment, discrimination, or retaliation cases.

Highlights:

• Prohibits a private employer from, as a term of employment, requiring an employee to sign a nondisclosure provision of a settlement agreement relating to a claim of sexual harassment, discrimination, or retaliation in the workplace brought by the employer (Sec. 1).

• Prohibits a private employer from preventing an employee from disclosing a claim of sexual harassment, discrimination, or retaliation occurring in the workplace or at a work-related event coordinated by or through the employer (Sec. 1).

• Authorizes settlement agreement between an employee or former employee alleging sexual harassment, discrimination, or retaliation to contain confidentiality provisions when (Sec. 1):

• It relates to the monetary amount of a settlement; or 

• At the employee’s request, it prohibits disclosure of facts that could lead to the identification of the employee.  

• Specifies that the provisions of this act apply to agreements entered into between a private employer and an employee or former employee on or after May 20, 2020 (Sec. 2).

Full Bill Text