NO DIRTY AGREEMENTS ACT
1. As used in this Act, the following terms shall be defined as such:
A. Nondisclosure clause means a provision in a contract or agreement that requires the parties to the contract or agreement not to disclose or discuss conduct, the existence of a settlement involving conduct, or information covered by the terms and conditions of the contract or agreement.
B. Nondisparagement clause means a provision in a contract or agreement that requires one (1) or more parties to the contract or agreement not to make a negative statement about another party that relates to the contract, agreement, claim, or case.
C. Sexual assault dispute means a dispute involving a nonconsensual sexual act or sexual contact, as such terms are defined in 18 USC 2246 of title 18, or similar applicable Regional or State law, including when the victim lacks capacity to consent.
D. Sexual harassment dispute means a dispute relating to conduct that is alleged to constitute sexual harassment under applicable Federal, Tribal, or State law.
2. With respect to a sexual assault dispute or sexual harassment dispute, no nondisclosure clause or nondisparagement clause agreed to before the dispute arises shall be judicially enforceable in instances in which conduct is alleged to have violated Federal, Regional, or State law.
3. Nothing in this Act shall prohibit a Region, State, or locality from enforcing a provision of law governing nondisclosure or nondisparagement clauses that is at least as protective of the right of an individual to speak freely, as provided by this Act.
4. Nothing in this Act shall be construed to supersede a provision of Federal, Regional or State Law that governs the use of pseudonyms in the filing of claims involving sexual assault or sexual harassment disputes.
5. Nothing in this Act shall prohibit an employer and an employee from protecting trade secrets or proprietary information.
6. All existing contracts with nondisclosure or nondisparagement clauses prohibited by the act are hereby declared to be against the public policy of Atlasia and shall be unenforceable and void as to the prohibited clauses.
7. This act shall take effect thirty (30) days from the date of passage
Passed
9-0-0-9 in the Atlasian Senate assembled.
- Laki, Deputy PPT
