Effective July 1, 2023, Virginia will join many other jurisdictions by restricting the use of non-disclosure and non-disparagement provisions that would prohibit employees from disclosing sexual harassment that occurred in the workplace.
HB 1895 (legp604.exe) which Governor Youngkin signed on March 26, 2023, amends VA. Code § 40.1-28.01 to state that:
“No employer shall require an employee or a prospective employee to execute or renew any provision in a nondisclosure or confidentiality agreement, including any provision relating to nondisparagement, that has the purpose or effect of concealing the details relating to a claim of sexual assault … or a claim of sexual harassment … as a condition of employment. Any such provision is against public policy and is void and unenforceable.”
In adding the bolded language to the Code, the law now covers both sexual assault and sexual harassment, and expands the scope of the law to include not only nondisclosure provisions, but also non-disparagement provisions.
Employers with employees in Virginia should review their existing confidentiality and covenants agreements to ensure compliance with this new legislation.