Virginia has enacted legislation, House Bill 1895, which prohibits employers from requiring an employee or prospective employee from executing or renewing a “nondisclosure or confidentiality agreement, including any provision relating to non-disparagement, that has the purpose or effect of concealing the details relating to a claim of sexual harassment … as a condition of employment.” House Bill 1895 takes effect on July 1, 2023.
The details
Virginia law defines sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when the conduct:
- Creates an intimidating, hostile or offensive work environment.
- Explicitly or implicitly affects an individual’s employment; or
- Unreasonably interferes with an individual’s work performance.
House Bill 1895 expands an existing Virginia law that addressed nondisclosure and confidentiality agreements as they relate to sexual assault claims to now include nondisparagement clauses and sexual harassment claims.
Virginia’s law now prohibits Virginia employers from requiring an employee or a prospective employee, as a condition of employment, from executing or renewing a provision in a nondisclosure or confidentiality agreement (including a provision relating to nondisparagement) that has the purpose or effect of concealing details that relate to sexual assault or sexual harassment claims. Such provisions are considered void and unenforceable under the law.
Note: House Bill 1895 does not apply to severance or post-termination agreements.
Next steps
Revise nondisclosure and confidentiality agreements and consider working with legal counsel to ensure compliance with House Bill 1895 by July 1, 2023.
Please contact your ADP Service Representative with any questions.