Rhode Island has enacted legislation (Senate Bill 0342aa), which prohibits employers from requiring that an employee enter into a nondisclosure or confidentiality agreement that requires alleged civil rights violations to remain confidential. Senate Bill 0342aa is effective immediately.
The Details
As background, the Rhode Island Fair Employment Practices Act (FEPA) protects employees’ civil rights, which includes protections from discrimination in employment on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, disability, age or country of ancestral origin.
Senate Bill 0342aa provides the following definitions:
- Confidential: To remain secret and not to be disclosed to another person or entity.
- Nondisparagement agreement: An agreement that restricts the individual from taking any action, which includes but is not limited to: speaking or publicizing information that negatively impacts the employer’s reputation, products, services, employees and management of the employer.
Senate Bill 0342aa prohibits an employer from requiring an employee, as a condition of their employment, to enter into a “nondisclosure agreement that requires that alleged civil rights violations remain confidential, or a non- disparagement agreement concerning alleged violations of civil rights or alleged unlawful conduct, or any agreement with a clause that requires alleged violations of civil rights remain confidential."
Next Steps
- Revise nondisclosure, nondisparagement and other confidentiality agreements.
- Consider working with legal counsel to ensure compliance with Senate Bill 0342aa.
Please contact your dedicated service professional with any questions.