2020 -- S 2558 | |
======== | |
LC004883 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
____________ | |
A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY - | |
NONDISCLOSURE AGREEMENTS | |
| |
Introduced By: Senators Sheehan, Satchell, Crowley, Nesselbush, and Sosnowski | |
Date Introduced: February 25, 2020 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 9 of the General Laws entitled "COURTS AND CIVIL PROCEDURE |
2 | - PROCEDURE GENERALLY" is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 34 |
4 | NONDISCLOSURE AGREEMENTS |
5 | 9-34-1. Definitions. |
6 | As used in this chapter, the following words and terms shall have the following meanings: |
7 | (1) "Claim" means an internal workplace complaint, potential civil action in a court of |
8 | competent jurisdiction, or a charge or complaint before the Rhode Island commission for human |
9 | rights related to sexual assault, sexual harassment, retaliation, or stalking. |
10 | (2) "Commission" means the Rhode Island commission for human rights. |
11 | (3) "Complainant" means an individual that has made an internal workplace complaint of |
12 | sexual harassment, sexual assault, retaliation or stalking, has reported a sexual assault to the police, |
13 | has filed a charge with the commission, or has made an allegation of sexual assault, sexual |
14 | harassment, retaliation, or stalking. |
15 | (4) "Factual information" means information and details that are related to a reported or |
16 | alleged incident or claim of sexual assault, sexual harassment, retaliation, stalking or the alleged |
17 | perpetrator thereof. |
18 | (5) "Nondisclosure agreement" means a provision within a confidentiality agreement, |
| |
1 | settlement agreement, contract, waiver, or other document that prohibits the disclosure of factual |
2 | information related to a claim by a party to the agreement. |
3 | (6) "Perpetrator" means an individual who has sexually assaulted or harassed a complainant |
4 | or who has allegedly sexually assaulted or harassed the complainant. |
5 | (7) "Respondent" means the party entering into the settlement, agreement, or contract |
6 | related to the claim with the complainant. |
7 | (8) "Settlement" means any agreement where anything of value is given to the complainant |
8 | raising the claim in exchange for his or her decision to decline to pursue the claim. |
9 | 9-34-2. Limitations and enforcement. |
10 | (a) This chapter does not prohibit the entry or enforcement of a provision in any settlement, |
11 | agreement, or contract that precludes the disclosure of the amount paid in a settlement of a claim. |
12 | (b) Provided, however, that five (5) years after the execution of a settlement agreement, a |
13 | complainant may exercise the unilateral right, without penalty, to release any factual information |
14 | related to his or her claim, including the name of the alleged perpetrator. |
15 | (c) If the complainant elects to disclose the factual information related to the claim pursuant |
16 | to subsection (f) of this section, the respondent is no longer bound by any nondisclosure provision. |
17 | (d) Any person claiming to be aggrieved by a violation of this chapter may initiate suit in |
18 | superior court. An action pursuant to this chapter shall be commenced within three (3) years after |
19 | the cause of any such action shall have accrued. All remedies available in common tort actions shall |
20 | be available to prevailing plaintiffs. A prevailing plaintiff shall be awarded reasonable attorneys' |
21 | fees and costs. |
22 | 9-34-3. Severability. |
23 | If any provision of this chapter or the application of this chapter to any person or |
24 | circumstance is held invalid by any court of competent jurisdiction, the remainder of the chapter |
25 | and the application of the provision to other persons or circumstances shall not be affected. The |
26 | invalidity of any section or sections or parts of any section of this chapter shall not affect the validity |
27 | of the remainder of the chapter. |
28 | SECTION 2. This act shall take effect on January 1, 2021. |
======== | |
LC004883 | |
======== | |
| LC004883 - Page 2 of 3 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY - | |
NONDISCLOSURE AGREEMENTS | |
*** | |
1 | This act would place limits on the terms that can be included in an agreement that settles a |
2 | claim of sexual harassment, retaliation for reporting sexual harassment and stalking. It expressly |
3 | grants the complainant the right to disclose factual information relating to his or her claim five (5) |
4 | years after the execution of the nondisclosure settlement agreement. If the complainant discloses |
5 | his or her factual information, the respondent may no longer be bound by the nondisclosure |
6 | agreement. |
7 | This act would take effect on January 1, 2021. |
======== | |
LC004883 | |
======== | |
| LC004883 - Page 3 of 3 |