An Act Concerning Nondisclosure Agreements in Employment
Sec. 1. 26 MRSA c. 7, sub-c. 3-B is enacted to read:
SUBCHAPTER 3-B
NONDISCLOSURE AGREEMENTS IN EMPLOYMENT
§ 691. Nondisclosure agreements
(1) In the workplace;
(2) At work-related events coordinated by or through the employer; or
(3) Off the employment premises.
(1) 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; or
(2) Prevent an employee from providing testimony or evidence in state or federal litigation or proceedings, including class or collective actions, against the employer.
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.