The Arizona House of Representatives will soon be considering legislation that makes confidentiality agreements in cases of alleged sexual assault or sexual harassment “void and unenforceable.” This bill, House Bill (“HB”) 2020, was filed in the Arizona House of Representatives last week, and will be considered during the legislative session that begins in January 2018.
Specifically, HB 2020 applies to any confidentiality agreement that “restricts the disclosure of factual information that is related to a sexual assault or sexual harassment, including factual information that is related to an allegation of or attempted sexual assault or sexual harassment.” HB 2020 explicitly provides that such confidentiality agreements are “against this state’s public safety and policy and [are] void and unenforceable.”
HB 2020 also specifically prohibits such confidentiality agreements in cases of “attempted sexual assault or sexual harassment by an elected official.”
Please be aware that similar bills are being considered in other states around the country as well.
If you would like to take a position on HB 2020, you should contact your Arizona legislative representative. Also, please reach out to the attorneys at BurnsBarton if you have any questions about how HB 2020 might impact your business.