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06/18/2024 08:18 AM
Pennsylvania House of Representatives
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House of Representatives
Session of 2023 - 2024 Regular Session


Posted: November 15, 2023 03:35 PM
From: Representative Ann Flood
To: All House members
Subject: Proposed Legislation regulating pre-employment nondisclosure agreements
Sexual harassment and assault remain pervasive in the workplace throughout Pennsylvania.  It has been reported that up to 81 percent of women will experience some form of sexual harassment or assault during their lifetime and one in three women has faced sexual harassment in the workplace specifically.  Most of these individuals never file a formal complaint and are often forced to change jobs, leave industries or pass up opportunities for advancement because of this harassment. 
In the past, employers have broadened the use of pre-employment and pre-dispute non-disclosure agreements and non-disparagement agreements.  This has had the effect of silencing survivors and victims while shielding perpetrators who may continue their abusive behavior.  Workers should not be forced to remain silent in the face of sexual harassment.
The legislation I will be proposing prohibits the enforcement of pre-employment non-disclosure agreements and non-disparagement agreements between employers and employees, independent contractors and between goods and services providers and consumers.  It would further void any agreements that were in place before a sexual assault or harassment dispute arises.  My legislation would enshrine already existing federal protections into Pennsylvania law and enable sexual harassment victims and survivors to speak out.  Victims and survivors will no longer fear they will face retaliation for coming forward.  Further, this would allow Pennsylvania law to align with federal law which increases transparency and encourage other victims to come forward and to ultimately hold perpetrators accountable. 

Introduced as HB1906