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PRIOR PRINTER'S NO.
PRINTER'S NO.
949 PRINTER'S NO.
949 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.
2008 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.
849 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 AND DEASY, MARCH 14, 2019 REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 14, 2019 AN ACT Providing for nondisclosure agreements relating to sexual harassment.
849 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.
(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:
(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.
(1) 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.
(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 20190HB0849PN2008 - 2 - be construed to prohibit an employer, employee or prospective employee from:
(b) Voluntary agreements.--Nothing in subsection (a) shall 20190HB0849PN0949 - 2 - be construed to prohibit an employer, employee or prospective employee from:
<-- (1) Voluntarily entering into an agreement or waiver prohibited involuntarily under subsection (a).
(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.
(2) Voluntarily entering into a settlement agreement with a nondisclosure provision agreed to by each party as part of the settlement of a 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.
(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.
(d) Void agreements.--Any provision of an agreement or waiver signed after the effective date of this section which violates any provision of this act shall be void and unenforceable.
THE SEVERED <-- PROVISION SHALL BE void and unenforceable.
<-- SECTION 4.
20190HB0849PN0949 - 3 -
EFFECTIVE DATE.
<-- THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
20190HB0849PN2008 - 3 -
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