Effective July 1, 2023, employers may not require that employees, current or prospective, agree to or renew any part of a nondisclosure or confidentiality agreement, including a nondisparagement provision, that conceals details about sexual harassment or an assault claim as an employment condition. This law mirrors the federal Speak Out Act, effective December 7, 2022, which likewise makes such clauses unenforceable.
HR Compliance Update – Virginia: NDAs Can’t Conceal Sexual Assault or Harassment Claims
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