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05/27/2024 01:50 AM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20230&cosponId=39608
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House of Representatives
Session of 2023 - 2024 Regular Session

MEMORANDUM

Posted: January 31, 2023 11:08 AM
From: Representative Melissa L. Shusterman
To: All House members
Subject: Prohibiting NDAs Regarding Workplace Abuse as a Condition of Employment
 
The Me Too Movement has profoundly contributed to public awareness on issues regarding sexual assault, sexual and non-sexual harassment and discrimination claims in the workplace. However, in some workplaces, employees and prospective employees are required to sign a nondisclosure agreement (NDA) regarding workplace abuse as a condition of employment. The requirement of an NDA in such cases by an employer is detrimental, as victims are forbidden from disclosing information regarding the abuse to others. As a result, abusers avoid accountability and evade prosecution, which further contributes to a toxic work environment.
 
For this reason, I will be introducing legislation that would prohibit an employer from requiring an employee or prospective employee, as a condition of employment, as a condition of continued employment, or in exchange for a raise or bonus, to sign an NDA that prohibits or restricts the employee or prospective employee from disclosing, reporting, or participating in an investigation of sexual assault, sexual or non-sexual harassment, discrimination, retaliation, unfair labor practices and workplace safety.
 
It is vitally important that victims of workplace abuse are not silenced. Moreover, it is essential that we remove the barriers that have prevented accountability and prosecution in these cases.
Please join me in safeguarding the rights of victims instead of upholding a system which enables and protects abusers.