{"identifier":"/us/usc/t42/s19403","title":42,"num":"\u00a7\u202f19403.","heading":"Limitation on judicial enforceability of nondisclosure and nondisparagement contract clauses relating to sexual assault disputes and sexual harassment disputes","text":"\u00a7\u202f19403.\nLimitation on judicial enforceability of nondisclosure and nondisparagement contract clauses relating to sexual assault disputes and sexual harassment disputes\n(a)\nIn general\nWith respect to a sexual assault dispute or sexual harassment dispute, no nondisclosure clause or nondisparagement clause agreed to before the dispute arises shall be judicially enforceable in instances in which conduct is alleged to have violated Federal, Tribal, or State law.\n(b)\nContinued applicability of State law\nNothing in this chapter shall prohibit a State or locality from enforcing a provision of State law governing nondisclosure or nondisparagement clauses that is at least as protective of the right of an individual to speak freely, as provided by this chapter.\n(c)\nContinued applicability of Federal, State, and Tribal law\nThis chapter shall not be construed to supersede a provision of Federal, State, or Tribal Law\n1\n1 So in original. Probably should not be capitalized.\n(d)\nProtection of trade secrets and proprietary information\nNothing in this chapter shall prohibit an employer and an employee from protecting trade secrets or proprietary information.","url":"https://projectusc.org/usc/t42/s19403.html","content":[{"t":"sec","id":"/us/usc/t42/s19403","children":[{"t":"num","text":"\u00a7\u202f19403."},{"t":"heading","text":"Limitation on judicial enforceability of nondisclosure and nondisparagement contract clauses relating to sexual assault disputes and sexual harassment disputes"},{"t":"subsec","id":"/us/usc/t42/s19403/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"With respect to a sexual assault dispute or sexual harassment dispute, no nondisclosure clause or nondisparagement clause agreed to before the dispute arises shall be judicially enforceable in instances in which conduct is alleged to have violated Federal, Tribal, or State law.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s19403/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Continued applicability of State law"},{"t":"content","children":[{"t":"p","text":"Nothing in this chapter shall prohibit a State or locality from enforcing a provision of State law governing nondisclosure or nondisparagement clauses that is at least as protective of the right of an individual to speak freely, as provided by this chapter.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s19403/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Continued applicability of Federal, State, and Tribal law"},{"t":"content","children":[{"t":"p","text":"This chapter shall not be construed to supersede a provision of Federal, State, or Tribal Law\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSo in original. Probably should not be capitalized."},{"t":"text","text":"\u202fSo in original. Probably should not be capitalized.","tail":" that governs the use of pseudonyms in the filing of claims involving sexual assault or sexual harassment disputes."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s19403/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Protection of trade secrets and proprietary information"},{"t":"content","children":[{"t":"p","text":"Nothing in this chapter shall prohibit an employer and an employee from protecting trade secrets or proprietary information.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"}]}]}