Utah Enact New #MeToo-Inspired Law Related to Confidentiality Clauses

 Utah joins California, New Jersey, and New York enacting, H.B. 55, A law prohibiting confidentiality clauses regarding sexual misconduct.  H.B.55 adds a new section to the Utah Antidiscrimination Act providing that nondisclosure or non disparagement clauses regarding sexual misconduct (sexual assault or harassment) required as a condition of employment are against public policy, void and unenforceable.  H.B. 55 also prohibits an employer retaliating against an employee for: (1) making an allegation of sexual harassment or assault, or (2) refusing to enter into an agreement or employment contract that contains such nondisclosure or non-disparagement clause.

 

H.B.55 was signed into law on February 28, 2024, providing a retroactive effective date of January 1, 2023

 

Source(s): Littler, received on March 4, 2024.