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Senate of Pennsylvania
Session of 2017 - 2018 Regular Session


Posted: October 31, 2017 11:45 AM
From: Senator Judith L. Schwank
To: All Senate members
Subject: Prohibiting non-disclosure agreements
I will shortly introduce legislation prohibiting non-disclosure agreements (NDA’s) within contracts or secret out-of-court settlements related to sexual harassment or sexual misconduct.
Over the last year, we have repeatedly seen the sexual harassment and misconduct swept under the rug by way of the use of NDA’s and out-of-court settlements. These agreements allow serial predators to continue abusing employees, clients, and contractors, sometimes over decades.
Additionally, victims of sexual harassment often find themselves pressured by the expense and length of court battles into signing agreements that do not protect the public interest and can enable predators.
Despite decades of public policy that has tried to protect employees from intimidation, secrecy, and sexual harassment, it is clear that we can do better. The elimination of NDA’s and out-of-court settlements that protect perpetrators is a positive step forward.

Introduced as SB999