Ogletree Deakins: New Mexico Prohibits Nondisclosure Agreements Related to Sexual Harassment, Discrimination, and Retaliation Claims | Practical Law

Ogletree Deakins: New Mexico Prohibits Nondisclosure Agreements Related to Sexual Harassment, Discrimination, and Retaliation Claims | Practical Law

This Law Firm Publication by Ogletree Deakins addresses New Mexico Governor Michelle Lujan Grisham's signing into law House Bill 21 (HB 21), which will limit the use of nondisclosure agreements (NDAs) in sexual misconduct cases. The law prohibits employers from both requiring employees to sign NDAs covering the facts concerning sexual harassment or assault claims and requiring NDAs when settling claims of discrimination or retaliation. The prohibition applies to claims arising from workplace incidents as well as claims concerning work-related, employer-coordinated events. Only by employee request may an NDA cover the facts giving rise to an employee's claims or facts that could lead to an employee's identification. When the law becomes effective on May 20, 2020, New Mexico will join other states, including California, Illinois, New Jersey, New York, Oregon, and Washington, that restrict confidentiality provisions in settlement agreements involving discrimination and harassment claims.

Ogletree Deakins: New Mexico Prohibits Nondisclosure Agreements Related to Sexual Harassment, Discrimination, and Retaliation Claims

by Ogletree Deakins
Published on 06 Mar 2020New Mexico
This Law Firm Publication by Ogletree Deakins addresses New Mexico Governor Michelle Lujan Grisham's signing into law House Bill 21 (HB 21), which will limit the use of nondisclosure agreements (NDAs) in sexual misconduct cases. The law prohibits employers from both requiring employees to sign NDAs covering the facts concerning sexual harassment or assault claims and requiring NDAs when settling claims of discrimination or retaliation. The prohibition applies to claims arising from workplace incidents as well as claims concerning work-related, employer-coordinated events. Only by employee request may an NDA cover the facts giving rise to an employee's claims or facts that could lead to an employee's identification. When the law becomes effective on May 20, 2020, New Mexico will join other states, including California, Illinois, New Jersey, New York, Oregon, and Washington, that restrict confidentiality provisions in settlement agreements involving discrimination and harassment claims.