HB 2228 — An Act providing for limitation on judicial enforceability of nondisclosure and nondisparagement contract clauses regarding sexual assault or sexual harassment.

PRINTER'S NO.   2921

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 2228
                                                Session of
                                                  2026

     INTRODUCED BY FLOOD AND GROVE, FEBRUARY 19, 2026

     REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 20, 2026


                                     AN ACT
 1   Providing for limitation on judicial enforceability of
 2      nondisclosure and nondisparagement contract clauses regarding
 3      sexual assault or sexual harassment.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6   Section 1.   Short title.
 7      This act shall be known and may be cited as the Judicial
 8   Enforceability of Nondisclosure Contracts Involving Sexual
 9   Assault Act.
10   Section 2.   Declaration of purpose.
11      The General Assembly finds and declares as follows:
12          (1)     Sexual harassment and sexual assault remain
13      pervasive in the workplace and throughout civic society,
14      affecting millions of Americans.
15          (2)     Eighty-one percent of women and 43% of men have
16      experienced some form of sexual harassment or sexual assault
17      throughout their lifetime.
18          (3)     One in three women have faced sexual harassment in
19      the workplace during their career, and an estimated 87% to
 1      94% of individuals who experience sexual harassment never
 2      file a formal complaint.
 3          (4)   Sexual harassment in the workplace forces many women
 4      to leave their occupation or industry or pass up
 5      opportunities for advancement.
 6          (5)   In order to combat sexual harassment and sexual
 7      assault, it is essential that victims and survivors have the
 8      freedom to report and publicly disclose their abuse.
 9          (6)   Nondisclosure and nondisparagement provisions in
10      agreements between employers and current, former and
11      prospective employees and independent contractors and between
12      providers of goods and services and consumers, can perpetuate
13      illegal conduct by silencing those who are survivors of
14      illegal sexual harassment and sexual assault or illegal
15      retaliation, or have knowledge of such conduct, while
16      shielding perpetrators and enabling them to continue their
17      abuse.
18          (7)   Prohibiting nondisclosure and nondisparagement
19      clauses will empower survivors to come forward, hold
20      perpetrators accountable for abuse, improve transparency
21      around illegal conduct, enable the pursuit of justice and
22      make workplaces safer and more productive for everyone.
23   Section 3.   Definitions.
24      The following words and phrases when used in this act shall
25   have the meanings given to them in this section unless the
26   context clearly indicates otherwise:
27      "Nondisclosure clause."    A provision in a contract or
28   agreement that requires the parties to the contract or agreement
29   not to disclose or discuss conduct, the existence of a
30   settlement involving conduct or information covered by the terms

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 1   and conditions of the contract or agreement.
 2      "Nondisparagement clause."    A provision in a contract or
 3   agreement that requires one or more parties to the contract or
 4   agreement not to make a negative statement about another party
 5   that relates to the contract, agreement, claim or case.
 6      "Sexual assault dispute."    A dispute involving an offense
 7   under 18 Pa.C.S. Ch. 31 (relating to sexual offenses), including
 8   when the victim lacks the capacity to consent.
 9      "Sexual harassment."   Unwelcome sexual advances, requests for
10   sexual favors and other conduct of a sexual nature.
11      "Sexual harassment dispute."     A dispute relating to conduct
12   that is alleged to constitute sexual harassment.
13   Section 4.   Limitation on judicial enforceability of
14                nondisclosure and nondisparagement contract clauses
15                regarding sexual assault or sexual harassment.
16      (a)   Unenforceable clauses.--With respect to a sexual assault
17   dispute or sexual harassment dispute, a nondisclosure clause or
18   nondisparagement clause agreed to before the dispute arises
19   shall not be judicially enforceable in the courts of this
20   Commonwealth in instances in which conduct is alleged to have
21   violated State law.
22      (b)   Right to speak freely.--Nothing in this act shall
23   prohibit the Commonwealth or a municipality from enforcing a
24   provision of State law governing nondisclosure clauses or
25   nondisparagement clauses that is at least as protective of the
26   right of an individual to speak freely as provided by this act.
27      (c)   Pseudonyms.--Nothing in this act shall be construed to
28   supersede a provision of Federal or State law that governs the
29   use of pseudonyms in the filing of claims involving sexual
30   assault disputes or sexual harassment disputes.

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 1      (d)   Protection of trade secrets or proprietary
 2   information.--Nothing in this act shall prohibit an employer and
 3   an employee from protecting trade secrets or proprietary
 4   information.
 5   Section 5.   Applicability.
 6      This act shall apply with respect to a claim that is filed in
 7   a court of competent jurisdiction under State law on or after
 8   the effective date of this section.
 9   Section 6.   Effective date.
10      This act shall take effect in 60 days.




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