AI-assisted research summary: This section defines hostile work environment, nondisclosure clause, sexual harassment, and related disputes, and limits enforcement of certain nondisclosure clauses.
§2717.3. Nondisclosure agreement; hostile work environment; sexual harassment A. For purposes of this Section: (1) "Hostile work environment" means conditions where harassment rises to the level that the harrassment alters the ability of an employee to perform the employee's duties. (2) "Hostile work environment dispute" means a dispute between an employer and the employer's employee relating to an alleged hostile work environment. (3) "Nondisclosure clause" means an agreement between an employee and employer that prevents, or has the effect of preventing, an employee from disclosing or discussing a hostile work environment, allegations of a hostile work environment, sexual harassment, or allegations of sexual harassment. (4) "Sexual harassment" means unwelcome sexual advances, requests for sexual favors, and other verbal, physical, or inappropriate conduct of a sexual nature when the conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating or offensive work environment. (5) "Sexual harassment dispute" means a dispute between an employer and the employer's employee relating to alleged sexual harassment. B. Notwithstanding any provision of law to the contrary, no nondisclosure clause required by an employer and agreed to prior to a hostile work environment dispute or sexual harassment dispute shall be judicially enforceable. C. The provisions of this Section shall not restrict the ability of an individual to enter into a confidential settlement agreement relating to a hostile work environment or sexual harassment, provided that the agreement is entered into after a report of hostility or harassment is filed or a hostile work environment dispute or sexual harassment dispute has occurred. Acts 2024, No. 781, §1.