Standing Strong For Employee Rights

Employers’ right to silence sexual harassment victims restricted under new California law

| Jan 17, 2019 | Sexual Harassment |

Under Assembly Bill 3109 (AB-3109), any contract or settlement agreement will be deemed void and unenforceable if it contains a provision waiving a party’s right to testify regarding criminal conduct or sexual harassment by the other party or the other party’s employees or agents in an administrative, legislative or judicial proceeding.

AB-3109 covers only testimony that is required, such as by subpoena or court order, or in response to a written request in an administrative or legislative hearing. Therefore, testimony provided by someone who voluntarily shows up to speak at a public hearing is not covered. It also applies only to contracts or agreements entered into on or after January 1, 2019.

Similar to SB-820 , AB-3019 aims to curtail the role that settlement agreements and NDAs have played in silencing victims of harassment.

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