Connecticut 2024 Regular Session Status: In Committee 23 D cosponsors

SB 4 — AN ACT CONCERNING VICTIMS OF DOMESTIC VIOLENCE, THE UNSOLICITED TRANSMISSION OF INTIMATE IMAGES BY MEANS OF AN ELECTRONIC COMMUNICATION DEVICE AND THE IMPERMISSIBLE USE OF NONDISCLOSURE AGREEMENTS IN THE WORKPLACE.

Last action — FILE NO. 522

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

482 added · 131 removed

482 line(s) added, 131 removed.

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General Assembly Committee Bill No.
Senate General Assembly File No.
4 February Session, 2024 LCO No.
522 February Session, 2024 Substitute Senate Bill No.
2879 Referred to Committee on JUDICIARY Introduced by:
4 Senate, April 17, 2024 The Committee on Judiciary reportedthrough SEN.
(JUD) AN ACT CONCERNING VICTIMS OF DOMESTIC VIOLENCE, THE UNSOLICITED TRANSMISSION OF INTIMATE IMAGES BY MEANS OF AN ELECTRONIC COMMUNICATION DEVICE AND THE IMPERMISSIBLE USE OF NONDISCLOSURE AGREEMENTS IN THE WORKPLACE.
WINFIELD of the 10th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.
AN ACT CONCERNING VICTIMS OF DOMESTIC VIOLENCE, THE UNSOLICITED TRANSMISSION OF INTIMATE IMAGES BY MEANS OF AN ELECTRONIC COMMUNICATION DEVICE AND THE IMPERMISSIBLE USE OF NONDISCLOSURE AGREEMENTS IN THE WORKPLACE.
(c) The organization administering the program may only award [a grant] grants (1) to provide services in the judicial districts of Bridgeport, Danbury, Hartford, Middletown, New Haven, Stamford- Norwalk, Torrington or Waterbury, and (2) in an amount not to exceed two hundred thousand dollars, except that a grant to provide services in the judicial district with the highest average number of applications for restraining orders under section 46b-15 over the previous three fiscal years may receive a grant of not more than four hundred thousand dollars.
(c) The organization administering the program may only award [a grant] grants (1) to provide services in the judicial districts of Bridgeport, Danbury, Hartford, Middlesex, New Haven, Stamford- Norwalk, Litchfield or Waterbury, and (2) in an amount not to exceed two hundred thousand dollars, except that a grant to provide services in the judicial district with the highest average number of applications for restraining orders under section 46b-15 over the previous three fiscal years may receive a grant of not more than four hundred thousand dollars.
Grants may not be used to provide services to individuals who are not indigent.
Grants may not be used to provide services to individuals who sSB4 / File No.
LCO No.
522 1 sSB4 File No.
2879 1 of 12 Committee Bill No.4 Sec.
522 are not indigent.
Sec.
(b) Any person, eighteen years of age or older, who knowingly transmits an intimate image by means of an electronic communication device to the electronic communication device of another person, eighteen years of age or older, when such other person has not consented to the receipt of such material on their electronic communication device or has expressly forbidden the receipt of such material on their electronic communication device, shall be liable in a civil action to the recipient of the intimate image for actual damages or five hundred dollars, whichever is greater, in addition to reasonable attorney's fees and costs.
(b) Any person, eighteen years of age or older, who knowingly transmits an intimate image by means of an electronic communication device to the electronic communication device of another person, eighteen years of age or older, when such other person has not consented to the receipt of such material on their electronic communication device or has expressly forbidden the receipt of such material on their electronic communication device, shall be liable in a civil action to the recipient of the intimate image for actual damages or five hundred dollars, whichever is greater, in addition to reasonable attorneys' fees and costs.
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sSB4 / File No.
2879 2 of 12 Committee Bill No.4 (1) "Pregnancy" means pregnancy, childbirth or a related condition, including, but not limited to, lactation;
522 2 sSB4 File No.
522 (1) "Pregnancy" means pregnancy, childbirth or a related condition, including, but not limited to, lactation;
(2) For any employment agency, except in the case of a bona fide occupational qualification or need, to fail or refuse to classify properly or refer for employment or otherwise to discriminate against any individual because of such individual's race, color, religious creed, age, LCO No.
(2) For any employment agency, except in the case of a bona fide occupational qualification or need, to fail or refuse to classify properly or refer for employment or otherwise to discriminate against any individual because of such individual's race, color, religious creed, age, sex, gender identity or expression, marital status, national origin, sSB4 / File No.
2879 3 of 12 Committee Bill No.4 sex, gender identity or expression, marital status, national origin, ancestry, present or past history of mental disability, intellectual disability, learning disability, physical disability, including, but not limited to, blindness, status as a veteran or status as a victim of domestic violence;
522 3 sSB4 File No.
522 ancestry, present or past history of mental disability, intellectual disability, learning disability, physical disability, including, but not limited to, blindness, status as a veteran or status as a victim of domestic violence;
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(7) For an employer, by the employer or the employer's agent:
2879 4 of 12 Committee Bill No.4 (7) For an employer, by the employer or the employer's agent:
(A) To sSB4 / File No.
(A) To terminate a woman's employment because of her pregnancy;
522 4 sSB4 File No.
522 terminate a woman's employment because of her pregnancy;
(8) For an employer, by the employer or the employer's agent, for an employment agency, by itself or its agent, or for any labor organization, LCO No.
(8) For an employer, by the employer or the employer's agent, for an employment agency, by itself or its agent, or for any labor organization, by itself or its agent, to harass any employee, person seeking employment or member on the basis of sex or gender identity or sSB4 / File No.
2879 5 of 12 Committee Bill No.4 by itself or its agent, to harass any employee, person seeking employment or member on the basis of sex or gender identity or expression.
522 5 sSB4 File No.
522 expression.
(9) For an employer, by the employer or the employer's agent, for an employment agency, by itself or its agent, or for any labor organization, by itself or its agent, to request or require information from an employee, person seeking employment or member relating to the individual's child-bearing age or plans, pregnancy, function of the individual's reproductive system, use of birth control methods, or the individual's familial responsibilities, unless such information is directly related to a bona fide occupational qualification or need, provided an employer, through a physician may request from an employee any such LCO No.
(9) For an employer, by the employer or the employer's agent, for an employment agency, by itself or its agent, or for any labor organization, by itself or its agent, to request or require information from an employee, person seeking employment or member relating to the individual's child-bearing age or plans, pregnancy, function of the individual's reproductive system, use of birth control methods, or the individual's familial responsibilities, unless such information is directly related to a bona fide occupational qualification or need, provided an employer, through a physician may request from an employee any such information which is directly related to workplace exposure to substances which may cause birth defects or constitute a hazard to an individual's reproductive system or to a fetus if the employer first sSB4 / File No.
2879 6 of 12 Committee Bill No.4 information which is directly related to workplace exposure to substances which may cause birth defects or constitute a hazard to an individual's reproductive system or to a fetus if the employer first informs the employee of the hazards involved in exposure to such substances;
522 6 sSB4 File No.
522 informs the employee of the hazards involved in exposure to such substances;
Nothing in this subdivision is intended to prohibit an employer fromtaking reasonablemeasuresto protect anemployee from exposure to such substances.
Nothing in this subdivision is intended to prohibit an employer fromtaking reasonablemeasures to protect anemployee from exposure to such substances.
(12) For an employer, by the employer or the employer's agent, to request or require a prospective employee's age, date of birth, dates of attendance at or date of graduation from an educational institution on an initial employment application, provided the provisions of this LCO No.
(12) For an employer, by the employer or the employer's agent, to request or require a prospective employee's age, date of birth, dates of attendance at or date of graduation from an educational institution on an initial employment application, provided the provisions of this subdivision shall not apply to any employer requesting or requiring such information (A) based on a bona fide occupational qualification or need, or (B) when such information is required to comply with any provision of state or federal law;
2879 7 of 12 Committee Bill No.4 subdivision shall not apply to any employer requesting or requiring such information (A) based on a bona fide occupational qualification or need, or (B) when such information is required to comply with any provision of state or federal law;
[and] sSB4 / File No.
[and] (13)(A)Foranemployerortheemployer'sagenttodenyanemployee a reasonable leave of absence in order to:
522 7 sSB4 File No.
522 (13)(A)Foranemployerortheemployer'sagenttodenyanemployee a reasonable leave of absence in order to:
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(C) Where an employee has a physical or mental disability resulting from an incident or series of incidents of domestic violence, such employee shall be treated in the same manner as an employee with any other disability.
2879 8 of 12 Committee Bill No.4 (C) Where an employee has a physical or mental disability resulting from an incident or series of incidents of domestic violence, such employee shall be treated in the same manner as an employee with any other disability.
sSB4 / File No.
(D) To the extent permitted by law, employers shall maintain the confidentiality of any information regarding an employee's status as a victim of domestic violence;
522 8 sSB4 File No.
522 (D) To the extent permitted by law, employers shall maintain the confidentiality of any information regarding an employee's status as a victim of domestic violence;
An employer who violates the provisions of this subdivision shall be liable to an employee or independent contractor for actual or statutory damages of ten thousand dollars, whichever is more, as well as other remedies provided under law.
An employer who violates the provisions of this subdivision shall be liable to an employee or independent contractor for actual damages or statutory damages of ten thousand dollars, whichever is more, as well as other remedies provided under law, including, but not limited to, the remedies prescribed in section 4 of this act.
(B) the termination of employment of any person LCO No.
(B) the termination of employment of any person who has attained the age of sixty-five and who, for the two years immediately preceding such termination, is employed in a bona fide executive or a high policy-making position, if such person is entitled to an immediate nonforfeitable annual retirement benefit under a pension, profit-sharing, savings or deferred compensation plan, or any sSB4 / File No.
2879 9 of 12 Committee Bill No.4 who has attained the age of sixty-five and who, for the two years immediately preceding such termination, is employed in a bona fide executive or a high policy-making position, if such person is entitled to an immediate nonforfeitable annual retirement benefit under a pension, profit-sharing, savings or deferred compensation plan, or any combination of such plans, from such person's employer, which equals, in aggregate, at least forty-four thousand dollars;
522 9 sSB4 File No.
522 combination of such plans, from such person's employer, which equals, in aggregate, at least forty-four thousand dollars;
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LCO No.
(3) The provisions of this section concerning age shall not prohibit an employer from requiring medical examinations for employees for the purpose of determining such employees' physical qualification for continued employment.
2879 10 of 12 Committee Bill No.4 (3) The provisions of this section concerning age shall not prohibit an employer from requiring medical examinations for employees for the purpose of determining such employees' physical qualification for continued employment.
sSB4 / File No.
(4) Any employee who continues employment beyond the normal retirement age in the applicable retirement or pension plan shall give notice of intent to retire, in writing, to such employee's employer not less than thirty days prior to the date of such retirement.
522 10 sSB4 File No.
522 (4) Any employee who continues employment beyond the normal retirement age in the applicable retirement or pension plan shall give notice of intent to retire, in writing, to such employee's employer not less than thirty days prior to the date of such retirement.
(e) Any provision in an agreement between an employer and a prospective, current or former employee or independent contractor shall be void as against public policy if such provision prohibits disparagement or disclosure relating to conduct the employee or LCO No.
(e) Any provision in an agreement between an employer and a prospective, current or former employee or independent contractor shall be void as against public policy if such provision prohibits disparagement or disclosure relating to conduct the employee or independent contractor reasonably believes to be a discriminatory employment practice.
2879 11 of 12 Committee Bill No.
Sec.
4 independent contractor reasonably believes to be a discriminatory employment practice.
4.
(NEW) (Effective October 1, 2024) (a) As used in this section:
(1) "Employee" has the same meaning as provided in subdivision (9) sSB4 / File No.
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522 of section 46a-51 of the general statutes.
"Employee" includes a current, former or prospective employee, or an independent contractor;
(2) "Employer" has the same meaning as provided in subdivision (10) ofsection46a-51 ofthegeneralstatutes."Employer"includesany person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer and any successor in interest of an employer;
and (3) "Volunteer" means any person who provides services to an employer without compensation for such services.
"Volunteer" includes an intern providing service to an employer.
(b) Any provision in an agreement between an employer and an employee or volunteer not to disclose or discuss conduct, or the existence of a settlement involving conduct, that the employee or volunteerreasonably believedunder state, federalorcommonlawtobe:
Legally impermissible discrimination, legally impermissible harassment, legally impermissibleretaliationdirectedat anemployee or volunteer, a wage and hour violation or a sexual assault, or that is recognized as against a clear mandate of public policy, shall be void and unenforceable.
Prohibited nondisclosure and nondisparagement provisions in an agreement between an employee or volunteer and an employer are those provisions concerning legally impermissible conduct that occurs at the workplace, at work-related events coordinated by or through the employer, between employees or volunteers, or between an employer and an employee or volunteer, whether on or off the employment premises.
Prohibited nondisclosure and nondisparagement provisions include those contained in employment agreements, independent contractor agreements, agreements to pay compensation in exchange for the release of a legal claim, or any other form of agreement between the employer and an employee or a volunteer.
(c) It shall be a violation of this section for an employer to:
(1) Discharge or otherwise discriminate or retaliate against an employee or volunteer for disclosing or discussing conduct that the employee or sSB4 / File No.
522 12 sSB4 File No.
522 volunteer reasonably believed to be legally impermissible discrimination,legallyimpermissibleharassment,legallyimpermissible retaliation directed at an employee or volunteer, a wage and hour violation or a sexual assault, or that is recognized as against a clear mandate of public policy, occurring in the workplace, at work-related events coordinated by or through the employer, between employees or volunteers, or between the employer and an employee or volunteer, whether on or off the employment premises;
(2) request or require that an employee or volunteer enter into any agreement provision that is prohibited by this section;
or (3) enforce a provision of an agreement prohibited by thissection,whether throughalawsuit,athreat to enforce or any other attempt to influence a party to comply with a provision in any agreement that is prohibited by this section.
(d) The provisions of this section shall not prohibit:
(1) An employer and an employee or volunteer from protecting trade secrets, proprietary information or confidential information that does not involve illegal acts;
(2) an employee or volunteer from requesting that the employee and employer enter into a binding written agreement, which may include terms and conditions that preclude the employer from disclosing certain confidential information relating to an employee or a volunteer that does not involve illegal acts;
and (3) the enforcement of a provision in any agreement that prohibits the disclosure of the amount paid in settlement of a claim.
(e) Any employer who, on or after October 1, 2024, violates the provisions of this section shall be liable in a civil cause of action for actual damages or statutory damages of ten thousand dollars, whichever is more, as well as reasonable attorneys' fees and costs.
(f) A nondisclosure or nondisparagement provision prohibited under subsection (b) of this section and entered into prior to October 1, 2024, shall be void and unenforceable only where such provision was entered into at the outset of employment or during the course of employment.
For a nondisclosure or nondisparagement provision void and unenforceable under this subsection, an employee may recover only sSB4 / File No.
522 13 sSB4 File No.
522 damages relating to preventing the enforcement of the provision.
The provisions of this subsection shall not apply to a nondisclosure or nondisparagement provision contained in an agreement to settle a legal claim.
(g) A nondisclosure or nondisparagement provision in any agreement signed by an employee or volunteer who is a resident of this state is governed by the laws of this state.
(h) The provisions of this section are to be liberally construed so as to effectuate its remedial purpose.
The remedies provided by this section are cumulative and shall not be construed as restricting any other remedy that is available under any other law.
3 October 1, 2024 46a-60 Statement of Purpose:
3 October 1, 2024 46a-60 Sec.
To protect victims of domestic violence, deter the unsolicited transmission of intimate images by means of an electronic communication device and to prohibit the use of certain nondisclosure agreements in the workplace.
4 October 1, 2024 New section Statement of Legislative Commissioners:
[Proposed deletions are enclosed in brackets.
In Section 1, "Middletown" was changed to "Middlesex" and "Torrington" was changed to "Litchfield" for accuracy;
Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] Co-Sponsors:
in Section 3(b)(14), "actual or statutory damages" was changed to "actual damages or statutory damages" for clarity, and inSection 4(e), "actual or statutory damages" was changed to "actual damages or statutory damages" for clarity.
SEN.
JUD Joint Favorable Subst.
LOONEY, 11th Dist.;
sSB4 / File No.
SEN.
522 14 sSB4 File No.
DUFF, 25th Dist.
522 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.
SEN.
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
ANWAR, 3rd Dist.;
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
SEN.
OFA Fiscal Note State Impact:
CABRERA, 17th Dist.
Agency Affected Fund-Effect FY 25 $ FY 26 $ Judicial Dept.
SEN.
GF - Cost up to up to $630,000 $630,000 Note:
COHEN, 12th Dist.;
GF=General Fund Municipal Impact:
SEN.
None Explanation This bill makes various changes including:
FLEXER, 29th Dist.
(1) expanding the temporary restraining order grant program (2) creates civil causes of action for non-consensual electronic transmission of intimate images and for certain illegal clauses in unemployment contracts (3) creates a discriminatory practice regarding employers and nondisclosure or nondisparagement provisions in contracts.
SEN.
The bill results in an annual cost of up to $630,000 to the Judicial Department.
GASTON, 23rd Dist.;
Judicial Department The bill adds three locations an existing grant program that provides legal assistance to indigent people applying for restraining orders.
SEN.
The program is administered by the Connecticut Bar Foundation and is funded at $1.25 million by the Judicial Department.
HOCHADEL, 13th Dist.
The addition of three locations results in a cost of up to $630,000 to the Judicial Department.
SEN.
Each location may receive a grant of up to $200,000 annually fromtheadministering entity andadditional5%($10,000) may 1The program currently serves five locations.
KUSHNER, 24th Dist.;
sSB4 / File No.
SEN.
522 15 sSB4 File No.
LESSER, 9th Dist.
522 be allocated to administrative costs.
SEN.
Commission on Human Rights and Opportunities The bill gives the Commission on Human Rights and Opportunities (CHRO) jurisdiction over discriminatory employment practices and does not result in a fiscal impact to CHRO.
MAHER, 26th Dist.;
It is anticipated that this change will more likely affect existing filings rather than result in new filings.
SEN.
The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to actual grants made.
MARONEY, 14th Dist.
sSB4 / File No.
SEN.
522 16 sSB4 File No.
MARX, 20th Dist.;
522 OLR Bill Analysis sSB 4 AN ACT CONCERNING VICTIMS OF DOMESTIC VIOLENCE, THE UNSOLICITED TRANSMISSION OF INTIMATE IMAGES BY MEANS OF AN ELECTRONIC COMMUNICATION DEVICE AND THE IMPERMISSIBLE USE OF NONDISCLOSURE AGREEMENTS IN THE WORKPLACE.
SEN.
SUMMARY This bill makes unrelated changes on the temporary restraining order grant program, the electronic transmission of intimate images, employment discrimination, and nondisclosure and nondisparagement clauses in employment contracts.
MCCRORY, 2nd Dist.
Among other things, the bill specifically does the following:
SEN.
1.
MILLER P., 27th Dist.;
expands the existing grant program that gives free legal assistance to indigent individuals applying for temporary restraining orders to include the Danbury, Middlesex, and Litchfield judicial districts;
SEN.
2.
MOORE, 22nd Dist.
creates a civil cause of action, with certain exceptions, when an adult knowingly transmits an intimate image electronically to another adult who did not consent to receiving the image or expressly forbid it;
SEN.
3.
NEEDLEMAN, 33rd Dist.;
makes it a discriminatory practice, with violators liable for damages, for an employer to take certain actions, such as (a) terminating an employee for disclosing a discriminatory employment practice or disparaging the employer for engaging in one or (b) requiring an employee to agree to nondisclosure or nondisparagement provisions;
SEN.
and 4.
RAHMAN, 4th Dist.
generallyprohibitsnondisclosureandnondisparagementclauses sSB4 / File No.
SEN.
522 17 sSB4 File No.
SLAP, 5th Dist.;
522 in employment contracts;
SEN.
makes these provisions void and unenforceable;
WINFIELD, 10th Dist.
and creates a civil cause of action by making an employer liable for damages, reasonable attorneys’ fees, and costs, with specific provisions for employment contracts effective before October 1, 2024.
S.B.
Lastly, the bill also makes conforming changes.
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EFFECTIVE DATE:
2879 12 of 12
July 1, 2024, except that the provisions on employment discrimination and nondisclosure agreements (§§ 3 & 4) are effective October 1, 2024.
§ 1 — RESTRAINING ORDER GRANT PROGRAM Existing law (1) creates a grant program that gives free legal assistance to indigent individuals applying for temporary restraining orders;
(2) requires the organization that administers the interest on lawyers’ trust accounts (IOLTA) program to administer the grant program;
and (3) appropriates funds to the judicial branch for the program, which it must turn over to IOLTA upon receipt.
The bill expands the grant program by allowing the grants to be used for these services in additional judicial districts.
Under current law, the organization administering the program may only award the grants to the Bridgeport, Hartford, New Haven, Stamford-Norwalk, or Waterbury judicial districts.
The bill expands this to include the Danbury, Middlesex, and Litchfield judicial districts.
Under existing law, unchanged by the bill, grants must not exceed $200,000, except a grant to the judicial district with the highest average number of applications for civil restraining orders over the previous three fiscal years may receive a grant of up to $400,000.
A family or household member may apply for a civil temporary restraining order for relief from physical abuse, stalking, a pattern of threatening, or coercive control from another family or household member (CGS § 46b- 15).
§ 2 — ELECTRONIC TRANSMISSION OF INTIMATE IMAGES sSB4 / File No.
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522 Civil Cause of Action The bill creates a civil cause of action, with exceptions, when one adult (i.e., at least age 18) knowingly transmits an intimate image using an electronic communication device to another adult’s electronic communication device and that other adult did not consent to receiving the image or expressly forbid it.
Under the bill, an “intimate image” is a photograph, film, video, recording, digital picture, or other similar visual photographic reproduction of an adult who is in a state of undress so as to expose that person’s genitals.
An “electronic communication device” is any electronic device that can transmit a visual depiction, including a computer, computer network and system, and a cellular or wireless telephone.
Exception.
The bill specifies that it does not apply to (1) a health care provider who transmits an intimate image for a legitimate medical purpose or (2) the transmission of commercial electronic mail, which is otherwise subject to federal laws.
Remedies A person who violates the bill’s provisions, must be liable for actual damages or $500, whichever is greater, and attorney’s fees and costs.
The court may also award punitive damages or enjoin the person transmitting the intimate images from engaging in further acts in violation of the bill.
Under the bill, these remedies are cumulative and must not be construed as restricting any other remedy available under any other law.
§ 3 — DISCRIMINATORY EMPLOYMENT PRACTICES The bill makes it a discriminatory practice for an employer, or the employer’s agent, to:
1.
refuse to hire or employ;
discriminate in compensation or in terms, conditions, or privileges of employment;
or bar or discharge from employment, any employee or independent contractor because they (a) disclosed conduct that they sSB4 / File No.
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522 reasonably believe to be a discriminatory employment practice or (b) disparaged the employer for engaging in conduct they reasonably believe to be a discriminatory employment practice;
or 2.
require or request a prospective, current, or former employee or independent contractor to enter into an agreement containing a provision that is void under the bill (see directly below), or for an employer to attempt to enforce the provision.
Existing law gives an adversely affected person the right to file a complaint with the Commission on Human Rights and Opportunities (CHRO).
The bill maintains CHRO’s jurisdiction over claims of discriminatory practices.
Void Provision The bill explicitly makes any provision in an agreement between an employer and a prospective, current, or former employee or independent contractor void as against public policy if it prohibits disparagement or disclosure of conduct the employee or independent contractor reasonably believes to be a discriminatory employment practice.
Damages Under thebill,anemployerwho violatesthisprovision must beliable to an employee or independent contractor for actual damages or statutory damages of $10,000, whichever is more, as well as other remedies provided under law, including those described below.
Legal Interpretation and Remedial Purpose The bill specifies that the provisions described above must (1) be liberally construed to effectuate their remedial purpose and (2) extend to an intern, who is paid or unpaid, and any volunteer engaged in service to an employer in this state in the employer’s business.
§ 4 — NONDISCLOSURE AND NONDISPARAGEMENT AGREEMENTS sSB4 / File No.
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522 The bill generally prohibits an employer from including nondisclosure or nondisparagement clauses in employment contracts.
Definitions Under the bill, for the provisions prohibiting nondisclosure and nondisparagement clauses in employment agreements, an “employee” isanyoneemployedbyanemployer,excluding anyoneemployedbyhis or her parents, spouse, or child.
It includes (1) a current, former, or prospective employee, or an independent contractor and (2) any elected or appointed official of a municipality, board, commission, counsel, or other governmental body.
An “employer” is any person or employer that employs at least one person, including the state and its political subdivisions, and anyone who acts, directly or indirectly, in the employer’s interest to any of its employees and any of the employer’s successor in interest.
A “volunteer” is a person who provides services to an employer without compensation, including interns.
Void and Unenforceable Provisions The billmakes certainprovisionsinanemployment contract between an employer and an employee or volunteer void and unenforceable.
Under the bill, any provision in these agreements not to disclose or discuss conduct, or the existence of a settlement involving conduct, that the employee or volunteer reasonably believed under state, federal, or common law to be legally impermissible discrimination, harassment, retaliation directed at an employee or volunteer, a wage and hour violation, or a sexual assault, or that is recognized as against a clear mandate of public policy, must be void and unenforceable.
Prohibited Nondisclosure and Nondisparagement Provisions Under the bill, the prohibited nondisclosure and nondisparagement provisions in an agreement between an employer and an employee or volunteer concern legally impermissible conduct that occurs at the workplace, at work-related events coordinated by or through the employer, between employees or volunteers, or between an employer and an employee or volunteer, whether on or off the employment sSB4 / File No.
522 21 sSB4 File No.
522 premises.
The prohibited provisions include those in employment agreements, independent contractor agreements, agreements to pay compensation for the release of a legal claim, or any other form of agreement between the employer and an employee or a volunteer.
Violations The bill makes it a violation for an employer to:
1.
discharge or otherwise discriminate or retaliate against an employee or volunteer for disclosing or discussing conduct that the employee or volunteer reasonably believed to be (a) legally impermissible discrimination, harassment, or retaliation directed at an employee or volunteer;
(b) a wage and hour violation or a sexual assault, or (c) recognized as against a clear mandate of public policy, occurring in the workplace, at work-related events coordinated by or through the employer, between employees or volunteers, or between the employer and an employee or volunteer, whether on or off the employment premises;
2.
request or require that an employee or volunteer enter into any agreement provision that is prohibited by this section;
or 3.
enforce a provision of an agreement prohibited by this section, whether through a lawsuit, a threat to enforce or any other attempt to influence a party to comply with a provision in any agreement that is prohibited under the bill.
Actions Not Prohibited The bill specifies that it does not prohibit:
1.
an employer and an employee or volunteer from protecting trade secrets, or proprietary or confidential information that does not involve illegal acts;
2.
an employee or volunteer from requesting a binding written agreement with the employer, which may include terms and sSB4 / File No.
522 22 sSB4 File No.
522 conditions that preclude the employer from disclosing certain confidential information about an employee or a volunteer that does not involve illegal acts;
and 3.
enforcing a provision in any agreement that prohibits the disclosure of the amount paid in a claim settlement.
Civil Cause of Action and Damages The bill creates a civil cause of action by making any employer who violates the bill’s provisions on or after October 1, 2024, liable for actual or statutory damages of $10,000, whichever is more, as well as reasonable attorney’s fees and costs.
Agreements Effective Before October 1, 2024 Under the bill, a prohibited nondisclosure or nondisparagement provisionenteredbeforeOctober1,2024,isvoidandunenforceableonly where the provision was entered into at the outset of employment or during employment.
Damages Limited.
For a nondisclosure or nondisparagement provision void and unenforceable in these agreements, an employee may recover only damages relating to preventing the provision’s enforcement.
This does not apply to a nondisclosure or nondisparagement provision in an agreement to settle a legal claim.
Legal Interpretation and Remedial Purpose The bill specifies that (1) its provisions must be liberally construed to effectuate its remedial purpose and (2) remedies provided are cumulative and must not be construed as restricting any other remedy that is available under any other law.
Governing Law Under the bill, a nondisclosure or nondisparagement provision in any agreement signed by an employee or volunteer who is a resident of the state is governed by Connecticut laws.
sSB4 / File No.
522 23 sSB4 File No.
522 COMMITTEE ACTION Judiciary Committee Joint Favorable Substitute Yea 24 Nay 11 (03/28/2024) sSB4 / File No.
522 24
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Action History

  1. FILE NO. 522

  2. SENATE CALENDAR NUMBER 310

  3. FAV. RPT., TAB. FOR CAL., SEN.

  4. RPTD. OUT OF LCO

  5. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/16/24

  6. FILED WITH LCO

  7. Joint Favorable Substitute

  8. PUBLIC HEARING 0320

  9. REF. TO JOINT COMM. ON Judiciary

  10. DRAFTED BY COMMITTEE

  11. Vote to Draft

  12. REF. TO JOINT COMM. ON Judiciary

Sponsors

Sponsorship breakdown

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24 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (24)

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

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Frequently asked questions

Who sponsors SB 4?
SB 4 is sponsored by Marilyn Moore, Martin M. Looney (Democratic), Bob Duff (Democratic), Saud Anwar (Democratic), Jorge Cabrera (Democratic), Christine Cohen (Democratic), Mae Flexer (Democratic), Herron Gaston (Democratic), Jan Hochadel (Democratic), Julie Kushner (Democratic), Matthew L. Lesser (Democratic), Ceci Maher (Democratic), James J. Maroney (Democratic), Martha Marx (Democratic), Douglas McCrory (Democratic), Patricia Billie Miller (Democratic), Norman Needleman (Democratic), MD Rahman (Democratic), Derek Slap (Democratic), Gary A. Winfield (Democratic), Hubert D. Delany (Democratic), Anthony L. Nolan (Democratic), Gregory Haddad (Democratic), and Matt Blumenthal (Democratic).
What is the current status of SB 4?
This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 4?
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