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Colorado Rights Blog

SB21-023: Restrict Nondisclosure Agreements State Government

Bill Number: SB21-023
Year: 2021
ACLU Position: Monitor
Sponsors: B. Kirkmeyer

Description:

The bill prohibits the state and any of its departments, institutions, or agencies (state) from making it a condition of employment that an employee or a prospective employee execute a contract or other form of agreement that prohibits, prevents, or otherwise restricts the employee or prospective employee from disclosing factual circumstances concerning the individual’s employment with the state (nondisclosure agreement) except where the nondisclosure agreement is necessary to prevent disclosure of:
• Factual circumstances relating to the employment that
reasonably implicate privacy interests held by the employee
who is a party to the agreement; and
• Matters required to be kept confidential by federal law or
rules or by state statute or matters bearing on the
specialized details of security arrangements or
investigations.

The bill prohibits nondisclosure agreements that prohibit state employees from disclosing factual circumstances concerning their employment. To the extent that an employer includes any such provision in any employment contract or agreement, the provision is deemed against public policy and unenforceable against a current or former employee who is a party to the contract or agreement except where the provision is intended to prevent disclosure of factual circumstances implicating the employee’s privacy interests or matters required to be kept confidential under federal or state law or matters bearing on the specialized details of security arrangements or investigations.

The bill prohibits the state from taking any retaliatory action against an individual on the grounds that the individual does not enter into a contract or agreement deemed to be against public policy and unenforceable under the bill. Any person who enforces or attempts to enforce a provision deemed against public policy and unenforceable under the bill is liable for the employee’s reasonable attorney fees and costs in defending against the action.


Current Status:

Senate Committee on Judiciary Postpone Indefinitely (03/18/2021)



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