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Bill

HD 2297

An Act concerning nondisclosure agreements relative to sexual harassment and discrimination

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

Massachusetts bill prohibits nondisclosure agreements in sexual harassment and discrimination cases, allowing victims to publicly disclose misconduct without legal consequences.

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Bill Summary · HD 2297

Legislative bill overview

HD 2297 restricts the use of nondisclosure agreements (NDAs) in cases involving sexual harassment and discrimination, preventing employers from silencing victims through confidentiality clauses. The bill aims to allow affected individuals to speak publicly about their experiences and report misconduct to authorities without legal penalty.

Why is this important

Sexual harassment and discrimination victims have historically been prevented from discussing their experiences due to broad NDA requirements, which can shield repeat offenders and enable workplace misconduct to continue unchecked. This bill addresses power imbalances by enabling transparency, supporting victims' healing, and potentially allowing patterns of abuse to be identified and addressed through public disclosure and regulatory oversight.

Potential points of contention

  • Employer concerns: Companies argue NDAs protect legitimate business interests, trade secrets, and reputational protection; broad restrictions could create liability exposure and deter settlements
  • Definition scope: Unclear boundaries on what qualifies as prohibited NDAs could create litigation over whether agreements are truly related to harassment/discrimination or involve other employment matters
  • Enforcement mechanisms: The bill may lack clarity on penalties for violations, remedies for victims whose NDAs are deemed unenforceable, or how it interacts with existing employment laws

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

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