HLS 24RS-619 ENGROSSED
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; to provide for exceptions; and to provide
5 for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 9:2717.3 is hereby enacted to read as follows:
8 ยง2717.3. Nondisclosure agreement; hostile work environment; sexual harassment
9 A. For purposes of this Section:
10 (1) "Hostile work environment" means conditions where harassment rises
11 to the level that the harrassment alters the ability of an employee to perform the
12 employee's duties.
13 (2) "Sexual harassment" means unwelcome sexual advances, requests for
14 sexual favors, and other verbal, physical, or inappropriate conduct of a sexual nature
15 when the conduct explicitly or implicitly affects an individual's employment,
16 unreasonably interferes with an individual's work performance, or creates an
17 intimidating or offensive work environment.
18 B. Notwithstanding any other law to the contrary, a nondisclosure agreement
19 required by an employer shall not be judicially enforceable in a dispute involving
20 workplace sexual harassment or a hostile work environment.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 24RS-619 ENGROSSED
HB NO. 161
1 C. The provisions of this Section shall not restrict the ability of an individual
2 to enter into a confidential settlement agreement relating to sexual harassment or a
3 hostile work environment that arise during the employment period.
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 Engrossed 2024 Regular Session Bayham
Abstract: Provides that a nondisclosure agreement does not apply in cases involving sexual
harassment or 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 cases involving
sexual harassment or a hostile work environment.
Proposed law provides that proposed law shall not restrict the ability of an individual to enter
into a confidential settlement agreement relating to sexual harassment or a hostile work
environment that arises during the employment period.
(Adds R.S. 9:2717.3)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the original bill:
1. Add an exception that proposed law shall not restrict the ability of an individual
to enter into a confidential settlement agreement relating to cases involving
sexual harassment or a hostile work environment that arise during the
employment period.
2. Make technical changes.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.