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Arizona House Bill Proposes to Void Confidentiality Agreements in Cases of Alleged Sexual Harassment or Assault

December 04, 2017
by David Barton
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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.

About the Author
David T. Barton is a veteran employment lawyer who has dedicated his career to the protection of good employers. He takes a common sense and practical approach to the law, helping employers find ways to accomplish their goals while avoiding legal liability. Mr. Barton is also a noted speaker and trainer and uses his presentation skills to the advantage of his clients whether in training or in the courtroom.
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