Concerning Nondisclosure Agreements in Employment

Last updated: Jun 20, 2019

Details about this bill
Category: Wage and Labor
Status: Carried Over
Sponsor: Representative Thom Harnett, House 83
Session: 129
Bill #: LD 1529

Position:

Monitoring.

UPDATE 6/19/19: After being passed by the House and Senate, this bill was recalled from the governor's desk and committed back to the Labor and Housing Committee until 2020.

Summary:

This bill prohibits employers from requiring agreements that prevent an employee or prospective employee from disclosing or discussing discrimination, including harassment, occurring between employees or between an employer and an employee.

The bill prohibits settlement agreements, unless requested by the employee, prospective employee or former employee, from including a provision that prevents the disclosure of factual information relating to a claim of discrimination, including harassment. Agreements may not explicitly or implicitly limit an individual's ability to provide testimony or evidence, file claims or make reports to any federal or state agency that enforces employment or discrimination laws, including, but not limited to, the Maine Human Rights Commission and the Department of Labor.

An employee, prospective employee or former employee is not liable for damages for breaching a prohibited nondisclosure agreement or a settlement agreement.