HLS 24RS-619 ORIGINAL 2024 Regular Session HOUSE BILL NO. 161 BY REPRESENTATIVE BAYHAM CONTRACTS: Provides relative to nondisclosure agreements 1 AN ACT 2To enact R.S. 9:2717.3, relative to nondisclosure agreements; to provide for the applicability 3 of nondisclosure agreements; to provide for definitions; to provide for nondisclosure 4 agreements under certain circumstances; and to provide for related matters. 5Be it enacted by the Legislature of Louisiana: 6 Section 1. R.S. 9:2717.3 is hereby enacted to read as follows: 7 ยง2717.3. Nondisclosure agreement; hostile work environment; sexual harassment 8 A. For purposes of this Section: 9 (1) "Hostile work environment" means conditions where harassment rises 10 to the level that it alters the ability of an employee to perform the employee's duties. 11 (2) "Sexual harassment" means unwelcome sexual advances, requests for 12 sexual favors, and other verbal, physical, or inappropriate conduct of a sexual nature 13 when the conduct explicitly or implicitly affects an individual's employment, 14 unreasonably interferes with an individual's work performance, or creates an 15 intimidating or offensive work environment. 16 B. Notwithstanding any other law to the contrary, a nondisclosure agreement 17 required by an employer shall not be judicially enforceable in a dispute involving 18 workplace sexual harassment or a hostile work environment. Page 1 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-619 ORIGINAL HB NO. 161 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] HB 161 Original 2024 Regular Session Bayham Abstract: Provides that a nondisclosure agreement does not apply in sexual harassment cases or in a hostile work environment. Proposed law defines "hostile work environment". Proposed law defines "sexual harassment". Proposed law provides that nondisclosure agreements are not enforceable in sexual harassment cases or a hostile work environment. (Adds R.S. 9:2717.3) Page 2 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions.