The following states have laws in place to bar or limit NDAs in sexual harassment cases. Arizona. House Bill 2020 allows victims of sexual assault and sexual harassment to break nondisclosure agreements without penalty when communicating with law enforcement or in court proceedings. Under the bill, people who previously signed non-disclosure agreements would be allowed to break those agreements without penalty if asked by law enforcement or during a court proceeding.  California. Senate Bill 331 (known as the “Silence No More Act”) prohibits nondisclosure clauses in settlement agreements involving workplace harassment, discrimination, or retaliation on any protected bases. The bill also requires that any non-disparagement or other contractual provision that restricts an employee’s ability to disclose information related to the conditions of the workplace must include specific language related to the employee’s right to disclose information about unlawful acts in the workplace. Senate Bill 331 is not retroactive and applies to agreements entered on or after January 1, 2022.  Senate Bill 331 expands protections in Senate Bill 820 (known as the Stand Together Against Non-Disclosure Act). It went into effect on January 1, 2019 and prohibits the use of confidentiality provisions in settlement agreements for actions including claims based on sex. Hawaii. House Bill 2054 HD1 SD1 prohibits employers from requiring an employee to enter into a nondisclosure agreement pertaining to sexual harassment or sexual assault as a condition of employment. The law also prohibits employers from retaliating against an employee for disclosing or discussing sexual harassment or sexual assault. Illinois. Senate Bill 75 protects employees, consultants, and contractors who truthfully report alleged unlawful discrimination and harassment or criminal conduct in the workplace by prohibiting nonnegotiable confidentiality obligations, waivers, and mandatory arbitration of allegations of discrimination, harassment, or retaliation unless the agreement demonstrates that the employer and employee mutually agreed to the provisions. Maine. Maine’s prohibits employers from requiring applicants, interns, or employees to enter into settlement, separation, or severance agreements that: limit their rights to report, testify, or provide evidence to a federal or state agency that enforces employment or discrimination laws; prevent them from testifying or providing evidence in federal of state court proceedings in response to a legal process; or, prohibit them from reporting conduct to a law enforcement agency. The new law also provides that settlement, separation or severance agreements may include provisions preventing the subsequent disclosure of factual information relating to a claim of unlawful employment discrimination only if: the agreement expressly provides for separate monetary consideration for the employee’s guarantee of nondisclosure that is in addition to any other compensation; all parties to the agreement are subject to the nondisclosure requirement; the agreement clearly states that the employee retains the right to report, testify, or provide evidence to federal and state agencies responsible for enforcing employment or discrimination laws, as well as the right to testify and provide evidence in federal and state court proceedings; and, the employer retains a copy of the agreement for six years from the date the agreement is executed or the end of employment, whichever is later. See the law for more information. Maryland. Md. Code Ann., Labor & Employment Section 3-715 (known as the Disclosing Sexual Harassment in the Workplace Act of 2018) declares that any provision in an employment contract or policy that waives any right or remedy to a claim of sexual harassment or retaliation for reporting sexual harassment is void as against public policy.  The Act also includes a separate subsection prohibiting retaliation based upon an employee’s failure to enter into such a prohibited contract. New Mexico. House Bill 21  limits the use of nondisclosure agreements in settlements of sexual misconduct claims. The law prohibits employers from requiring, as a condition of employment, that an employee agree to a nondisclosure agreement in a settlement agreement relating to a claim of sexual harassment, discrimination, or retaliation whether occurring in the workplace or at a work-related event[s] coordinated by or through the employer. Assembly Bill 60 nullifies provisions of a contract or settlement agreement if they restrict one party from testifying against another about a crime, sexual harassment; discrimination or retaliation.  New Jersey. Senate Bill 121 prohibits employers from concealing the underlying details of sexual harassment and other claims of discrimination using nondisclosure or confidentiality provisions in settlement agreements. The law also protects employees from  being retaliated against for not entering into any agreement or contract that requires them to waive their substantive or procedural rights. Under the law, employers are responsible for the harm caused to employees who are forced to work in a hostile work environment Senate Bill 121 applies to all workplace discrimination claims alleged or brought under the New Jersey Law Against Discrimination.   New York. New York General Obligation Law Section 5-336  prohibits employers from requiring confidentiality of underlying facts of all employment discrimination claims (including sexual harassment) in settlement agreements unless the confidentiality provision is the alleged victim’s preference. Oregon. Senate Bill 726 (known as the Workplace Fairness Act), prohibits employers from entering into a nondisclosure, nondisparagement or similar confidentiality provision with an employee or applicant that prevents the individual from discussing discrimination or sexual assault that occurred at work or between employees. Employers may enter into a settlement or severance agreement that contains a nondisclosure or no-rehire provision in two circumstances: An employee claiming discrimination or sexual assault “requests” to enter into an agreement and is provided a seven-day period to revoke the agreement; or An employee has engaged in unlawful discrimination or sexual assault according to the employer’s good faith determination.  Tennessee. Tenn. Code Ann. § 50-1-108 prohibits employers from requiring an employee or prospective employee to sign or renew a non-disclosure agreement regarding sexual harassment in the workplace as a condition of employment.  Vermont. House Bill 707 (known as “An Act Relating to the Prevention of Sexual Harassment) prohibits employment contracts containing provisions that prevent an employee from disclosing sexual harassment or waiving an employee’s rights or remedies with respect to a claim of sexual harassment. Virginia. Va. Code § 40.1-28.01 (known as Nondisclosure or Confidentiality Agreements; Sexual Assault, Condition of Employment) prohibits employers from requiring job applicants or current employees to execute nondisclosure agreements that would conceal the details of any sexual assault claim an employee may have against the employer. Washington. Senate Bill 5996 prohibits employers from requiring employees to sign a nondisclosure agreement, waiver, or other document that prevents the employee from disclosing sexual harassment or sexual assault occurring in the workplace as a condition of employment.