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REFERENCE TITLE: sexual harassment; nondisclosure agreements; prohibition |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HB 2752 |
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Introduced by Representatives Hernandez A: Andrade, Blackman, Bolding, Cano, Chávez, Dalessandro, Espinoza, Fernandez, Hernandez D, Hernandez M, Lieberman, Longdon, Meza, Pawlik, Powers Hannley, Rodriguez, Salman, Schwiebert, Sierra, Stahl Hamilton, Teller, Terán, Senator Boyer
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AN ACT
amending Title 23, chapter 2, article 1, Arizona Revised Statutes, by adding section 23-206; relating to employment practices.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 23, chapter 2, article 1, Arizona Revised Statutes, is amended by adding section 23-206, to read:
23-206. Sexual harassment; sexual assault; nondisclosure agreements, waivers or other documents preventing disclosure prohibited
A. An employer may not require an employee, as a condition of employment, to sign a nondisclosure agreement, waiver or other document that prevents the employee from disclosing sexual harassment or sexual assault occurring in the workplace, at work-related events coordinated by or through the employer, or between employees, or between an employer and an employee, off the employment premises.
B. Except for settlement agreements, any nondisclosure agreement, waiver or other document signed by an employee as a condition of employment that has the purpose or effect of preventing the employee from disclosing or discussing sexual harassment or sexual assault occurring in the workplace, at work-related events coordinated by or through the employer, or between employees, or between an employer and an employee, off the employment premises is against public policy and is void and unenforceable.
C. It is an unfair practice for an employer to discharge or otherwise retaliate against an employee for disclosing or discussing sexual harassment or sexual assault occurring in the workplace, at work-related events coordinated by or through the employer, or between employees, or between an employer and an employee, off the employment premises.
D. This section does not prohibit a settlement agreement between an employee or former employee alleging sexual harassment and an employer from containing confidentiality provisions.