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.
California employers may need to revisit their sexual-harassment-prevention training to ensure compliance with the newly enacted Senate Bill 1343 (SB 1343). Prior to SB 1343, only businesses employing 50 or more workers were required to provide sexual-harassment-prevention training to supervisory employees.
Sexual harassment and/or discrimination settlement agreements have often included confidentiality provisions or non-disclosure agreements (NDAs) prohibiting victims from disclosing terms of settlement and the underlying facts of their claim. Beginning January 1, 2019, however, any settlement agreement containing an NDA clause will be considered void.