REFERENCE TITLE: sexual harassment; nondisclosure agreements; prohibition

State of Arizona

House of Representatives

Fifty-sixth Legislature

First Regular Session

2023

HB 2369

Introduced by

Representatives Sun: Aguilar, Cano, De Los Santos, Hernandez L, Mathis, Sandoval, Terech, Travers, Tsosie

An Act

amending title 23, chapter 2, article 1, Arizona Revised Statutes, by adding section 23-207; 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 23-207, to read:

START_STATUTE23-207. Sexual harassment; sexual assault; nondisclosure agreements, waivers or other documents preventing disclosure prohibited

Notwithstanding any other law:

1. 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 an employer and an employee off the employment premises.

2. 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 an employer and an employee off the employment premises is against public policy and is void and unenforceable.

3. 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 an employer and an employee off the employment premises.

4. This section does not prohibit a settlement agreement between an employee or former employee alleging sexual harassment and an employer from containing confidentiality provisions. END_STATUTE

Sec. 2. Existing contracts; applicability

This act applies prospectively to all new employment contracts entered into on or after the effective date of this section.