Assembly Bill 248, which became Nevada law on July 1, 2019, prevents defendants in civil and administrative actions from requiring certain types of information be kept confidential in a settlement agreement. More specifically, a plaintiff cannot be precluded from disclosing information concerning claims of:
- Conduct constituting a sexual offense;
- Sex-based discrimination by an employer or landlord; or
- Retaliation by an employer or landlord for the reporting of sex-based discrimination.
Settlement agreement language which violates these requirements is void and unenforceable. Courts are otherwise prohibited from entering orders that conflict with these requirements. Additionally, a plaintiff who is party to any of the above types of claims may require a settlement agreement to include language prohibiting the disclosure of plaintiff’s identity, as well as facts lending to the discovery of plaintiff’s identity.
Notwithstanding the above, nothing in this new law prevents settling parties from making the amount of a settlement confidential.
Be mindful of this law when handling claims against an employer or landlord client in civil court or before the Nevada Equal Rights Commission. Additionally, make sure your employer and landlord clients know about this legal development. Lastly, where applicable, consider adding language to the confidentiality provisions of your settlement agreements which expressly carves out the three categories of information where mandatory nondisclosure is prohibited.