AB 3109 – Voids Waivers of Right to Testify About Alleged Criminal Conduct or Sexual Harassment

Category: Private Education
Date: Nov 7, 2018 03:33 PM

AB 3109 prohibits a contract or settlement agreement from limiting or waiving a party’s right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or alleged sexual harassment on the part of the other party to the contract where the party has been required or requested to attend the proceeding.  Any such provisions will be void and enforceable in a contract or settlement agreement entered into on or after January 1, 2019.  A party is deemed required or requested to attend a proceeding when it is pursuant to a court order, subpoena, or written request from an administrative agency or the legislature.

Schools must ensure that any contracts or settlements entered into on or after January 1, 2019, do not limit or waive a party’s right to testify in a proceeding concerning alleged criminal conduct or sexual harassment.  

(AB 3109 adds Section 1670.11 to the Civil Code.)

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