In their bylined piece for SHRM titled "Sexual-Harassment Settlements: How to Comply with California's New Rules," Partner Annie Lau and Associate Bailey K. Bifoss examine the new California law on confidentiality in settlement agreements. The new law prohibits employers of any size from settling lawsuits using agreements that prevent the disclosure of facts regarding sexual assault, sexual harassment and workplace harassment or discrimination based on sex. The law took effect Jan. 1 of this year.
Annie and Bailey explain that the law was enacted to eliminate secret settlements that have silenced survivors of harassment and assault. They encourage California employers to review their settlement agreements to ensure the agreements don't contain confidentiality provisions.
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