| Summary |
The bill prohibits the state, counties, cities and counties,
municipalities, schools districts, and any of their departments, institutions,
or agencies from making it a condition of employment that an employee
or a prospective employee executes a contract or other form of agreement
that prohibits, prevents, or otherwise restricts the employee or prospective
employee from disclosing factual circumstances concerning the
individual's employment with the government (nondisclosure agreement)
unless the nondisclosure agreement is necessary to prevent disclosure of:
•
Factual circumstances relating to the employment that
reasonably implicate privacy interests held by the employee
who is a party to the agreement; or
•
Matters required to be kept confidential by federal law or
rules, the state constitution, or state statute, or matters
bearing on the specialized details of security arrangements
or investigations.
The bill prohibits nondisclosure agreements that prohibit
employees of the state, counties, city and counties, municipalities, school
districts, or any of their departments, institutions, or agencies from
disclosing factual circumstances concerning their employment. To the
extent that an employer includes any such provision in any employment
contract or agreement, the provision is deemed to be against public policy
and unenforceable against a current or former employee who is a party to
the contract or agreement unless the provision is intended to prevent
disclosure of factual circumstances implicating the employee's privacy
interests, matters required to be kept confidential under federal law or
rules, the state constitution, or state statute, or matters bearing on the
specialized details of security arrangements or investigations.
The bill prohibits the state, counties, city and counties,
municipalities, or any of their departments, institutions, or agencies from
taking any retaliatory action against an individual on the grounds that the
individual does not enter into a contract or agreement deemed to be
against public policy and unenforceable under the bill. Any person who
enforces or attempts to enforce a provision deemed to be against public
policy and unenforceable under the bill is liable for the employee's
reasonable attorney fees and costs in defending against the action.
|
