2019 -- S 0456

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LC001431

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY -

NONDISCLOSURE AGREEMENTS

     Introduced By: Senators Sheehan, Crowley, Seveney, Satchell, and Nesselbush

     Date Introduced: February 27, 2019

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 9 of the General Laws entitled "COURTS AND CIVIL PROCEDURE

- PROCEDURE GENERALLY" is hereby amended by adding thereto the following chapter:

CHAPTER 34

NONDISCLOSURE AGREEMENTS

     9-34-1. Definitions.

     As used in this chapter, the following words and terms shall have the following

meanings:

     (1) "Claim" means an internal workplace complaint, potential civil action in a court of

competent jurisdiction, or a charge or complaint before the Rhode Island commission for human

rights related to sexual assault, sexual harassment, retaliation, or stalking.

     (2) "Commission" means the Rhode Island commission for human rights.

     (3) "Complainant" means an individual that has made an internal workplace complaint of

sexual harassment, sexual assault, retaliation or stalking, has reported a sexual assault to the

police, has filed a charge with the commission, or has made an allegation of sexual assault, sexual

harassment, retaliation, or stalking.

     (4) "Factual information" means information and details that are related to a reported or

alleged incident or claim of sexual assault, sexual harassment, retaliation, stalking or the alleged

perpetrator thereof.

     (5) "Nondisclosure agreement" means a provision within a confidentiality agreement,

settlement agreement, contract, waiver, or other document that prohibits the disclosure of factual

information related to a claim by a party to the agreement.

     (6) "Perpetrator" means an individual who has sexually assaulted or harassed a

complainant or who has allegedly sexually assaulted or harassed the complainant.

     (7) "Respondent" means the party entering into the settlement, agreement, or contract

related to the claim with the complainant.

     (8) "Settlement" means any agreement where anything of value is given to the

complainant raising the claim in exchange for his or her decision to decline to pursue the claim.

     9-34-2. Limitations and enforcement.

     (a) This chapter does not prohibit the entry or enforcement of a provision in any

settlement, agreement, or contract that precludes the disclosure of the amount paid in a settlement

of a claim.

     (b) Provided, however, that five (5) years after the execution of a settlement agreement, a

complainant may exercise the unilateral right, without penalty, to release any factual information

related to his or her claim, including the name of the alleged perpetrator.

     (c) If the complainant elects to disclose the factual information related to the claim

pursuant to subsection (f) of this section, the respondent is no longer bound by any nondisclosure

provision.

     (d) Any person claiming to be aggrieved by a violation of this chapter may initiate suit in

superior court. An action pursuant to this chapter shall be commenced within three (3) years after

the cause of any such action shall have accrued. All remedies available in common tort actions

shall be available to prevailing plaintiffs. A prevailing plaintiff shall be awarded reasonable

attorneys' fees and costs.

     9-34-3. Severability.

     If any provision of this chapter or the application of this chapter to any person or

circumstance is held invalid by any court of competent jurisdiction, the remainder of the chapter

and the application of the provision to other persons or circumstances shall not be affected. The

invalidity of any section or sections or parts of any section of this chapter shall not affect the

validity of the remainder of the chapter.

     SECTION 2. This act shall take effect on January 1, 2020.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY -

NONDISCLOSURE AGREEMENTS

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     This act would place limits on the terms that can be included in an agreement that settles

a claim of sexual harassment, retaliation for reporting sexual harassment and stalking. It expressly

grants the complainant the right to disclose factual information relating to his or her claim, five

(5) years after the execution of the nondisclosure settlement agreement. If the complainant

discloses his or her factual information the respondent may no longer be bound by the

nondisclosure agreement.

     This act would take effect on January 1, 2020.

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