SB 820 – Settlement Agreements Cannot Prevent Disclosure of Sexual Harassment or Sexual Assault Information

Category: Private Education
Date: Nov 7, 2018 03:31 PM

Effective with any settlement agreements entered into on or after January 1, 2019, SB 820 prohibit confidentiality provisions in settlement agreements that limit the disclosure of factual information related to:

Sexual assault;

Sexual harassment involving business, service, or professional relationships as defined in Civil Code section 51.9 of the Unruh Act; or

Workplace harassment or discrimination based on sex, failure to prevent an act of workplace harassment or discrimination based on sex, or an act of retaliation against a person for reporting harassment or discrimination based on sex as provided under Government Code section 12940 of the Fair Employment and Housing Act.

Any such confidentiality provisions in settlement agreements, entered into on or after January 1, 2019, are void as a matter of law and against public policy.

Schools should note this restriction on settlement agreements and work with legal counsel to ensure that any settlement agreements entered into on or after January 1, 2019, do not limit or seek to limit a party’s disclosure of information related to sexual assault, sexual harassment, or discrimination based on sex. 

(SB 820 adds Section 1001 to the Code of Civil Procedure.)

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