PRIOR PRINTER'S NO. 949
PRINTER'S NO. 2008
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
849
Session of
2019
INTRODUCED BY KLUNK, CEPHAS, TOEPEL, OBERLANDER, KRUEGER,
SAPPEY, HILL-EVANS, KINSEY, ROTHMAN, KIRKLAND, DELOZIER,
SOLOMON, FREEMAN, DONATUCCI, BULLOCK, SCHLOSSBERG, FRANKEL,
MURT, RYAN, STEPHENS, MEHAFFIE, ECKER, DEASY, MULLINS, MOUL
AND GILLEN, MARCH 14, 2019
AS REPORTED FROM COMMITTEE ON LABOR AND INDUSTRY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 4, 2019
AN ACT
Providing for nondisclosure agreements relating to sexual
harassment.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Disclosing
Sexual Harassment in the Workplace Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Employee." An individual employed by an employer.
"Employer." An individual, partnership, association,
corporation, business trust, the Commonwealth, an agency,
authority or instrumentality of the Commonwealth, a political
subdivision, an agency, authority or instrumentality of a
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political subdivision or a person or group of persons acting,
directly or indirectly, in the interest of an employer in
relation to any employee.
"Sexual harassment." Unwelcome sexual advances, requests for
sexual favors and other verbal or physical conduct of a sexual
nature constitute sexual harassment when:
(1) submission to the conduct is made either explicitly
or implicitly a term or condition of an individual's
employment;
(2) submission to or rejection of the conduct by an
individual is used as the basis for employment decisions
affecting the individual; or
(3) the conduct has the purpose or effect of
unreasonably interfering with an individual's work
performance or creating an intimidating, hostile or offensive
working environment.
Section 3. Nondisclosure agreements.
(a) Involuntary agreements.--An employer may not require any
employee or prospective employee, as a condition of employment,
to sign an agreement or waiver that does either of the
following:
(1) Prohibits PROHIBITS, prevents or otherwise restricts
the employee or prospective employee from opposing,
disclosing, reporting or participating in an investigation of
sexual harassment.
(2) Except as otherwise permitted by Federal or State
law, purports to waive a substantive or procedural right or
remedy available to the employee with respect to a claim of
sexual harassment.
(b) Voluntary agreements.--Nothing in subsection (a) shall
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be construed to prohibit an employer, employee or prospective
employee from:
(1) Voluntarily entering into an agreement or waiver
prohibited involuntarily under subsection (a).
(2) Voluntarily VOLUNTARILY entering into a settlement
agreement with a nondisclosure provision agreed to by each
party as part of the settlement of a SEXUAL HARASSMENT CLAIM,
complaint or proceeding.
(c) Settlement agreements.--An agreement to settle a claim
of sexual harassment may not contain terms which prohibit,
prevent or otherwise restrict the employee from working for the
employer or any parent company, subsidiary, division or
affiliate of the employer.
(d) (C) Void agreements AGREEMENT PROVISION.--Any provision
of an agreement or waiver signed after the effective date of
this section which violates any provision of this act shall be
SEVERED FROM THE REMAINDER OF THE AGREEMENT. THE SEVERED
PROVISION SHALL BE void and unenforceable.
Section 4. This act shall take effect in 60 days.
SECTION 4. EFFECTIVE DATE.
THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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