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General Assembly Committee Bill No. 1035
January Session, 2025
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Referred to Committee on LABOR AND PUBLIC EMPLOYEES
Introduced by:
(LAB)
AN ACT CONCERNING LIMITATIONS ON THE USE OF
NONDISCLOSURE AGREEMENTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 46a-60 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2025): 2
(a) As used in this section: 3
(1) "Pregnancy" means pregnancy, childbirth or a related condition, 4
including, but not limited to, lactation; 5
(2) "Reasonable accommodation" means, but is not limited to, being 6
permitted to sit while working, more frequent or longer breaks, periodic 7
rest, assistance with manual labor, job restructuring, light duty 8
assignments, modified work schedules, temporary transfers to less 9
strenuous or hazardous work, time off to recover from childbirth or 10
break time and appropriate facilities for expressing breast milk; and 11
(3) "Undue hardship" means an action requiring significant difficulty 12
or expense when considered in light of factors such as (A) the nature 13 Committee Bill No. 1035
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and cost of the accommodation; (B) the overall financial resources of the 14
employer; (C) the overall size of the business of the employer with 15
respect to the number of employees, and the number, type and location 16
of its facilities; and (D) the effect on expenses and resources or the 17
impact otherwise of such accommodation upon the operation of the 18
employer. 19
(b) It shall be a discriminatory practice in violation of this section: 20
(1) For an employer, by the employer or the employer's agent, except 21
in the case of a bona fide occupational qualification or need, to refuse to 22
hire or employ or to bar or to discharge from employment any 23
individual or to discriminate against any individual in compensation or 24
in terms, conditions or privileges of employment because of the 25
individual's race, color, religious creed, age, sex, gender identity or 26
expression, marital status, national origin, ancestry, present or past 27
history of mental disability, intellectual disability, learning disability, 28
physical disability, including, but not limited to, blindness, status as a 29
veteran or status as a victim of domestic violence; 30
(2) For any employment agency, except in the case of a bona fide 31
occupational qualification or need, to fail or refuse to classify properly 32
or refer for employment or otherwise to discriminate against any 33
individual because of such individual's race, color, religious creed, age, 34
sex, gender identity or expression, marital status, national origin, 35
ancestry, present or past history of mental disability, intellectual 36
disability, learning disability, physical disability, including, but not 37
limited to, blindness, status as a veteran or status as a victim of domestic 38
violence; 39
(3) For a labor organization, because of the race, color, religious creed, 40
age, sex, gender identity or expression, marital status, national origin, 41
ancestry, present or past history of mental disability, intellectual 42
disability, learning disability, physical disability, including, but not 43
limited to, blindness, status as a veteran or status as a victim of domestic 44
violence of any individual to exclude from full membership rights or to 45 Committee Bill No. 1035
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expel from its membership such individual or to discriminate in any 46
way against any of its members or against any employer or any 47
individual employed by an employer, unless such action is based on a 48
bona fide occupational qualification; 49
(4) For any person, employer, labor organization or employment 50
agency to discharge, expel or otherwise discriminate against any person 51
because such person has opposed any discriminatory employment 52
practice or because such person has filed a complaint or testified or 53
assisted in any proceeding under section 46a-82, 46a-83 or 46a-84; 54
(5) For any person, whether an employer or an employee or not, to 55
aid, abet, incite, compel or coerce the doing of any act declared to be a 56
discriminatory employment practice or to attempt to do so; 57
(6) For any person, employer, employment agency or labor 58
organization, except in the case of a bona fide occupational qualification 59
or need, to advertise employment opportunities in such a manner as to 60
restrict such employment so as to discriminate against individuals 61
because of their race, color, religious creed, age, sex, gender identity or 62
expression, marital status, national origin, ancestry, present or past 63
history of mental disability, intellectual disability, learning disability, 64
physical disability, including, but not limited to, blindness, status as a 65
veteran or status as a victim of domestic violence; 66
(7) For an employer, by the employer or the employer's agent: (A) To 67
terminate a woman's employment because of her pregnancy; (B) to 68
refuse to grant to that employee a reasonable leave of absence for 69
disability resulting from her pregnancy; (C) to deny to that employee, 70
who is disabled as a result of pregnancy, any compensation to which 71
she is entitled as a result of the accumulation of disability or leave 72
benefits accrued pursuant to plans maintained by the employer; (D) to 73
fail or refuse to reinstate the employee to her original job or to an 74
equivalent position with equivalent pay and accumulated seniority, 75
retirement, fringe benefits and other service credits upon her signifying 76
her intent to return unless, in the case of a private employer, the 77 Committee Bill No. 1035
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employer's circumstances have so changed as to make it impossible or 78
unreasonable to do so; (E) to limit, segregate or classify the employee in 79
a way that would deprive her of employment opportunities due to her 80
pregnancy; (F) to discriminate against an employee or person seeking 81
employment on the basis of her pregnancy in the terms or conditions of 82
her employment; (G) to fail or refuse to make a reasonable 83
accommodation for an employee or person seeking employment due to 84
her pregnancy, unless the employer can demonstrate that such 85
accommodation would impose an undue hardship on such employer; 86
(H) to deny employment opportunities to an employee or person 87
seeking employment if such denial is due to the employee's request for 88
a reasonable accommodation due to her pregnancy; (I) to force an 89
employee or person seeking employment affected by pregnancy to 90
accept a reasonable accommodation if such employee or person seeking 91
employment (i) does not have a known limitation related to her 92
pregnancy, or (ii) does not require a reasonable accommodation to 93
perform the essential duties related to her employment; (J) to require an 94
employee to take a leave of absence if a reasonable accommodation can 95
be provided in lieu of such leave; and (K) to retaliate against an 96
employee in the terms, conditions or privileges of her employment 97
based upon such employee's request for a reasonable accommodation; 98
(8) For an employer, by the employer or the employer's agent, for an 99
employment agency, by itself or its agent, or for any labor organization, 100
by itself or its agent, to harass any employee, person seeking 101
employment or member on the basis of sex or gender identity or 102
expression. If an employer takes immediate corrective action in 103
response to an employee's claim of sexual harassment, such corrective 104
action shall not modify the conditions of employment of the employee 105
making the claim of sexual harassment unless such employee agrees, in 106
writing, to any modification in the conditions of employment. 107
"Corrective action" taken by an employer, includes, but is not limited to, 108
employee relocation, assigning an employee to a different work 109
schedule or other substantive changes to an employee's terms and 110
conditions of employment. Notwithstanding an employer's failure to 111 Committee Bill No. 1035
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obtain a written agreement from an employee concerning a modification 112
in the conditions of employment, the commission may find that 113
corrective action taken by an employer was reasonable and not of 114
detriment to the complainant based on the evidence presented to the 115
commission by the complainant and respondent. As used in this 116
subdivision, "sexual harassment" means any unwelcome sexual 117
advances or requests for sexual favors or any conduct of a sexual nature 118
when (A) submission to such conduct is made either explicitly or 119
implicitly a term or condition of an individual's employment, (B) 120
submission to or rejection of such conduct by an individual is used as 121
the basis for employment decisions affecting such individual, or (C) 122
such conduct has the purpose or effect of substantially interfering with 123
an individual's work performance or creating an intimidating, hostile or 124
offensive working environment; 125
(9) For an employer, by the employer or the employer's agent, for an 126
employment agency, by itself or its agent, or for any labor organization, 127
by itself or its agent, to request or require information from an 128
employee, person seeking employment or member relating to the 129
individual's child-bearing age or plans, pregnancy, function of the 130
individual's reproductive system, use of birth control methods, or the 131
individual's familial responsibilities, unless such information is directly 132
related to a bona fide occupational qualification or need, provided an 133
employer, through a physician may request from an employee any such 134
information which is directly related to workplace exposure to 135
substances which may cause birth defects or constitute a hazard to an 136
individual's reproductive system or to a fetus if the employer first 137
informs the employee of the hazards involved in exposure to such 138
substances; 139
(10) For an employer, by the employer or the employer's agent, after 140
informing an employee, pursuant to subdivision (9) of this subsection, 141
of a workplace exposure to substances which may cause birth defects or 142
constitute a hazard to an employee's reproductive system or to a fetus, 143
to fail or refuse, upon the employee's request, to take reasonable 144
measures to protect the employee from the exposure or hazard 145 Committee Bill No. 1035
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identified, or to fail or refuse to inform the employee that the measures 146
taken may be the subject of a complaint filed under the provisions of 147
this chapter. Nothing in this subdivision is intended to prohibit an 148
employer from taking reasonable measures to protect an employee from 149
exposure to such substances. For the purpose of this subdivision, 150
"reasonable measures" are those measures which are consistent with 151
business necessity and are least disruptive of the terms and conditions 152
of the employee's employment; 153
(11) For an employer, by the employer or the employer's agent, for an 154
employment agency, by itself or its agent, or for any labor organization, 155
by itself or its agent: (A) To request or require genetic information from 156
an employee, person seeking employment or member, or (B) to 157
discharge, expel or otherwise discriminate against any person on the 158
basis of genetic information. For the purpose of this subdivision, 159
"genetic information" means the information about genes, gene 160
products or inherited characteristics that may derive from an individual 161
or a family member; 162
(12) For an employer, by the employer or the employer's agent, to 163
request or require a prospective employee's age, date of birth, dates of 164
attendance at or date of graduation from an educational institution on 165
an initial employment application, provided the provisions of this 166
subdivision shall not apply to any employer requesting or requiring 167
such information (A) based on a bona fide occupational qualification or 168
need, or (B) when such information is required to comply with any 169
provision of state or federal law; [and] 170
(13) (A) For an employer or the employer's agent to deny an employee 171
a reasonable leave of absence in order to: (i) Seek attention for injuries 172
caused by domestic violence including for a child who is a victim of 173
domestic violence, provided the employee is not the perpetrator of the 174
domestic violence against the child; (ii) obtain services including safety 175
planning from a domestic violence agency or rape crisis center, as those 176
terms are defined in section 52-146k, as a result of domestic violence; 177
(iii) obtain psychological counseling related to an incident or incidents 178 Committee Bill No. 1035
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of domestic violence, including for a child who is a victim of domestic 179
violence, provided the employee is not the perpetrator of the domestic 180
violence against the child; (iv) take other actions to increase safety from 181
future incidents of domestic violence, including temporary or 182
permanent relocation; or (v) obtain legal services, assisting in the 183
prosecution of the offense, or otherwise participate in legal proceedings 184
in relation to the incident or incidents of domestic violence. 185
(B) An employee who is absent from work in accordance with the 186
provisions of subparagraph (A) of this subdivision shall, within a 187
reasonable time after the absence, provide a certification to the employer 188
when requested by the employer. Such certification shall be in the form 189
of: (i) A police report indicating that the employee or the employee's 190
child was a victim of domestic violence; (ii) a court order protecting or 191
separating the employee or employee's child from the perpetrator of an 192
act of domestic violence; (iii) other evidence from the court or 193
prosecuting attorney that the employee appeared in court; or (iv) 194
documentation from a medical professional, domestic violence 195
counselor, as defined in section 52-146k, or other health care provider, 196
that the employee or the employee's child was receiving services, 197
counseling or treatment for physical or mental injuries or abuse 198
resulting in victimization from an act of domestic violence. 199
(C) Where an employee has a physical or mental disability resulting 200
from an incident or series of incidents of domestic violence, such 201
employee shall be treated in the same manner as an employee with any 202
other disability. 203
(D) To the extent permitted by law, employers shall maintain the 204
confidentiality of any information regarding an employee's status as a 205
victim of domestic violence; and 206
(14) For an employer, by the employer or the employer's agent to: (A) 207
Refuse to hire or employ, discriminate in compensation or in terms, 208
conditions or privileges of employment, or bar or discharge from 209
employment, any employee or independent contractor because such 210 Committee Bill No. 1035
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person disclosed conduct the person reasonably believes to be a 211
discriminatory employment practice, or because such person 212
disparaged the employer for engaging in conduct the person reasonably 213
believes to be a discriminatory employment practice, or (B) require or 214
request a prospective, current or former employee or independent 215
contractor to enter into an agreement containing a provision that is void 216
pursuant to subsection (e) of this section, or for an employer to attempt 217
to enforce such provision. An employer who violates the provisions of 218
this subdivision shall be liable to an employee or independent 219
contractor for actual damages or statutory damages of ten thousand 220
dollars, whichever is more, as well as other remedies provided under 221
law, including, but not limited to, the remedies prescribed in section 2 222
of this act. The provisions of this subdivision and subsection (e) of this 223
section shall be liberally construed so as to effectuate their remedial 224
purpose and such provisions shall extend to an intern, who is paid or 225
unpaid, and any volunteer engaged in service to an employer in this 226
state in the business of the employer. 227
(c) (1) The provisions of this section concerning age shall not apply 228
to: (A) The termination of employment of any person with a contract of 229
unlimited tenure at an independent institution of higher education who 230
is mandatorily retired, on or before July 1, 1993, after having attained 231
the age of seventy; (B) the termination of employment of any person 232
who has attained the age of sixty-five and who, for the two years 233
immediately preceding such termination, is employed in a bona fide 234
executive or a high policy-making position, if such person is entitled to 235
an immediate nonforfeitable annual retirement benefit under a pension, 236
profit-sharing, savings or deferred compensation plan, or any 237
combination of such plans, from such person's employer, which equals, 238
in aggregate, at least forty-four thousand dollars; (C) the termination of 239
employment of persons in occupations, including police work and fire-240
fighting, in which age is a bona fide occupational qualification; (D) the 241
operation of any bona fide apprenticeship system or plan; or (E) the 242
observance of the terms of a bona fide seniority system or any bona fide 243
employee benefit plan for retirement, pensions or insurance which is not 244 Committee Bill No. 1035
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adopted for the purpose of evading said provisions, except that no such 245
plan may excuse the failure to hire any individual and no such system 246
or plan may require or permit the termination of employment on the 247
basis of age. No such plan which covers less than twenty employees may 248
reduce the group hospital, surgical or medical insurance coverage 249
provided under the plan to any employee who has reached the age of 250
sixty-five and is eligible for Medicare benefits or any employee's spouse 251
who has reached age sixty-five and is eligible for Medicare benefits 252
except to the extent such coverage is provided by Medicare. The terms 253
of any such plan which covers twenty or more employees shall entitle 254
any employee who has attained the age of sixty-five and any employee's 255
spouse who has attained the age of sixty-five to group hospital, surgical 256
or medical insurance coverage under the same conditions as any 257
covered employee or spouse who is under the age of sixty-five. 258
(2) No employee retirement or pension plan may exclude any 259
employee from membership in such plan or cease or reduce the 260
employee's benefit accruals or allocations under such plan on the basis 261
of age. The provisions of this subdivision shall be applicable to plan 262
years beginning on or after January 1, 1988, except that for any 263
collectively bargained plan this subdivision shall be applicable on the 264
earlier of (A) January 1, 1990, or (B) the later of (i) the expiration date of 265
the collective bargaining agreement, or (ii) January 1, 1988. 266
(3) The provisions of this section concerning age shall not prohibit an 267
employer from requiring medical examinations for employees for the 268
purpose of determining such employees' physical qualification for 269
continued employment. 270
(4) Any employee who continues employment beyond the normal 271
retirement age in the applicable retirement or pension plan shall give 272
notice of intent to retire, in writing, to such employee's employer not 273
less than thirty days prior to the date of such retirement. 274
(d) (1) An employer shall provide written notice of the right to be free 275
from discrimination in relation to pregnancy, childbirth and related 276 Committee Bill No. 1035
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conditions, including the right to a reasonable accommodation to the 277
known limitations related to pregnancy pursuant to subdivision (7) of 278
subsection (b) of this section to: (A) New employees at the 279
commencement of employment; (B) existing employees within one 280
hundred twenty days of October 1, 2017; and (C) any employee who 281
notifies the employer of her pregnancy within ten days of such 282
notification. An employer may comply with the provisions of this 283
section by displaying a poster in a conspicuous place, accessible to 284
employees, at the employer's place of business that contains the 285
information required by this section in both English and Spanish. The 286
Labor Commissioner may adopt regulations, in accordance with 287
chapter 54, to establish additional requirements concerning the means 288
by which employers shall provide such notice. 289
(2) The Commission on Human Rights and Opportunities shall 290
develop courses of instruction and conduct ongoing public education 291
efforts as necessary to inform employers, employees, employment 292
agencies and persons seeking employment about their rights and 293
responsibilities under this section. 294
(e) Any provision in an agreement between an employer and a 295
prospective, current or former employee or independent contractor 296
shall be void as against public policy if such provision prohibits 297
disparagement or disclosure relating to conduct the employee or 298
independent contractor reasonably believes to be a discriminatory 299
employment practice. 300
Sec. 2. (NEW) (Effective October 1, 2025) (a) As used in this section: 301
(1) "Employee" has the same meaning as provided in subdivision (9) 302
of section 46a-51 of the general statutes. "Employee" includes a current, 303
former or prospective employee, or an independent contractor; 304
(2) "Employer" has the same meaning as provided in subdivision (10) 305
of section 46a-51 of the general statutes. "Employer" includes any person 306
who acts, directly or indirectly, in the interest of an employer to any of 307
the employees of such employer and any successor in interest of an 308 Committee Bill No. 1035
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employer; and 309
(3) "Volunteer" means any person who provides services to an 310
employer without compensation for such services. "Volunteer" includes 311
an intern providing service to an employer. 312
(b) Any provision in an agreement between an employer and an 313
employee or volunteer not to disclose or discuss conduct, or the 314
existence of a settlement involving conduct, that the employee or 315
volunteer reasonably believed under state, federal or common law to be: 316
Legally impermissible discrimination, legally impermissible 317
harassment, legally impermissible retaliation directed at an employee or 318
volunteer, a wage and hour violation or a sexual assault, or that is 319
recognized as against a clear mandate of public policy, shall be void and 320
unenforceable. Prohibited nondisclosure and nondisparagement 321
provisions in an agreement between an employee or volunteer and an 322
employer are those provisions concerning legally impermissible 323
conduct that occurs at the workplace, at work-related events 324
coordinated by or through the employer, between employees or 325
volunteers, or between an employer and an employee or volunteer, 326
whether on or off the employment premises. Prohibited nondisclosure 327
and nondisparagement provisions include those contained in 328
employment agreements, independent contractor agreements, 329
agreements to pay compensation in exchange for the release of a legal 330
claim, or any other form of agreement between the employer and an 331
employee or a volunteer. 332
(c) It shall be a violation of this section for an employer to: (1) 333
Discharge or otherwise discriminate or retaliate against an employee or 334
volunteer for disclosing or discussing conduct that the employee or 335
volunteer reasonably believed to be legally impermissible 336
discrimination, legally impermissible harassment, legally impermissible 337
retaliation directed at an employee or volunteer, a wage and hour 338
violation or a sexual assault, or that is recognized as against a clear 339
mandate of public policy, occurring in the workplace, at work-related 340
events coordinated by or through the employer, between employees or 341 Committee Bill No. 1035
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volunteers, or between the employer and an employee or volunteer, 342
whether on or off the employment premises; (2) request or require that 343
an employee or volunteer enter into any agreement provision that is 344
prohibited by this section; or (3) enforce a provision of an agreement 345
prohibited by this section, whether through a lawsuit, a threat to enforce 346
or any other attempt to influence a party to comply with a provision in 347
any agreement that is prohibited by this section. 348
(d) The provisions of this section shall not prohibit: (1) An employer 349
and an employee or volunteer from protecting trade secrets, proprietary 350
information or confidential information that does not involve illegal 351
acts; (2) an employee or volunteer from requesting that the employee 352
and employer enter into a binding written agreement, which may 353
include terms and conditions that preclude the employer from 354
disclosing certain confidential information relating to an employee or a 355
volunteer that does not involve illegal acts; and (3) the enforcement of a 356
provision in any agreement that prohibits the disclosure of the amount 357
paid in settlement of a claim. 358
(e) Any employer who, on or after October 1, 2025, violates the 359
provisions of this section shall be liable in a civil cause of action for 360
actual damages or statutory damages of ten thousand dollars, 361
whichever is more, as well as reasonable attorneys' fees and costs. 362
(f) A nondisclosure or nondisparagement provision prohibited under 363
subsection (b) of this section and entered into prior to October 1, 2025, 364
shall be void and unenforceable only where such provision was entered 365
into at the outset of employment or during the course of employment. 366
For a nondisclosure or nondisparagement provision void and 367
unenforceable under this subsection, an employee may recover only 368
damages relating to preventing the enforcement of the provision. The 369
provisions of this subsection shall not apply to a nondisclosure or 370
nondisparagement provision contained in an agreement to settle a legal 371
claim. 372
(g) A nondisclosure or nondisparagement provision in any 373 Committee Bill No. 1035
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agreement signed by an employee or volunteer who is a resident of this 374
state is governed by the laws of this state. 375
(h) The provisions of this section are to be liberally construed so as to 376
effectuate its remedial purpose. The remedies provided by this section 377
are cumulative and shall not be construed as restricting any other 378
remedy that is available under any other law. 379
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2025 46a-60
Sec. 2 October 1, 2025 New section
LAB Joint Favorable