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PRINTER'S NO. 946
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
938
Session of
2021
INTRODUCED BY KLUNK, CEPHAS, BULLOCK, CIRESI, SCHLEGEL CULVER,
DALEY, T. DAVIS, DEASY, DELOZIER, DeLUCA, FRANKEL, GALLOWAY,
GILLEN, HANBIDGE, HILL-EVANS, INNAMORATO, KINKEAD, LEE,
N. NELSON, O'MARA, OBERLANDER, ROTHMAN, RYAN, SAPPEY,
SCHLOSSBERG, SCHWEYER, STEPHENS AND THOMAS, MARCH 17, 2021
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 17, 2021
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 an
employee or prospective employee, as a condition of employment,
to sign an agreement or waiver that prohibits, prevents or
otherwise restricts the employee or prospective employee from
opposing, disclosing, reporting or participating in an
investigation of sexual harassment.
(b) Voluntary agreements.--Nothing in subsection (a) shall
be construed to prohibit an employer, employee or prospective
employee from 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) Void agreement provision.--Any provision of an agreement
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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. Effective date.
This act shall take effect in 60 days.
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