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Bill

Bill

HD 1349

An Act concerning nondisclosure agreements relative to sexual harassment and discrimination

194th Legislature (2025-2026) Introduced by Alyson Sullivan-Almeida

Massachusetts bill restricts nondisclosure agreements in sexual harassment and discrimination cases, allowing victims to speak publicly about workplace misconduct.

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Bill Summary · HD 1349

Legislative bill overview

HD 1349 restricts the use of nondisclosure agreements (NDAs) in cases involving sexual harassment and discrimination, preventing employers from silencing victims through confidentiality clauses. The bill likely prohibits or limits NDAs that would prevent employees from discussing harassment or discrimination they experienced, while potentially allowing NDAs to protect trade secrets or confidential business information unrelated to misconduct.

Why is this important

Sexual harassment and discrimination victims have historically been silenced by NDAs that threatened legal consequences if they spoke publicly about their experiences, creating a culture where misconduct goes unreported and unaccountable. Restricting these agreements can enable victims to seek support, warn others, and contribute to public discourse about workplace safety. This also affects employer liability and workplace culture across Massachusetts industries.

Potential points of contention

  • Business concerns: Employers argue NDAs protect their reputational interests and legitimate confidential information; restrictions may increase litigation costs and expose companies to wider public disputes
  • Scope ambiguity: Defining what constitutes an illegal NDA versus permissible confidentiality provisions creates enforcement challenges and potential litigation over borderline cases
  • Remedies and enforceability: The bill's mechanisms for victims to challenge existing NDAs and penalties for violations may be unclear, affecting practical implementation

Compiled from official sources — confirm details with the bill’s official record.

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