2018 California Code
Government Code - GOV
TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA
DIVISION 3 - EXECUTIVE DEPARTMENT
PART 2.8 - DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
CHAPTER 7 - Enforcement and Hearing Procedures
ARTICLE 1 - Unlawful Practices
Section 12964.5.
(a) It is an unlawful employment practice for an employer, in exchange for a raise or bonus, or as a condition of employment or continued employment, to do either of the following:
(1) (A) For an employer to require an employee to sign a release of a claim or right under this part.
(B) As used in this section, “release of claim or right” includes requiring an individual to execute a statement that he or she does not possess any claim or injury against the employer or other covered entity, and includes the release of a right to file and pursue a civil action or complaint with, or otherwise notify, a state agency, other public prosecutor, law enforcement agency, or any court or other governmental entity.
(2) (A) For an employer to require an employee to sign a nondisparagement agreement or other document that purports to deny the employee the right to disclose information about unlawful acts in the workplace, including, but not limited to, sexual harassment.
(B) For purposes of this paragraph, “information about unlawful acts in the workplace” includes, but is not limited to, information pertaining to sexual harassment or any other unlawful or potentially unlawful conduct.
(b) Any agreement or document in violation of this section is contrary to public policy and shall be unenforceable.
(c) (1) This section does not apply to a negotiated settlement agreement to resolve an underlying claim under this part that has been filed by an employee in court, before an administrative agency, alternative dispute resolution forum, or through an employer’s internal complaint process.
(2) As used in this section, “negotiated” means that the agreement is voluntary, deliberate, and informed, provides consideration of value to the employee, and that the employee is given notice and an opportunity to retain an attorney or is represented by an attorney.
(Added by Stats. 2018, Ch. 955, Sec. 4. (SB 1300) Effective January 1, 2019.)
