2023 Regular SessionVirginia Legislature

HB1895: Sexual harassment; nondisclosure or confidentiality agreement.

Legislative Summary

Nondisclosure or confidentiality agreements; prohibited nondisparagement provisions; claims of sexual harassment. Provides that no employer may require an employee or prospective employee to execute or renew any provision in a nondisclosure or confidentiality agreement, including any provision regarding nondisparagement, that has the purpose or effect of concealing the details of a sexual harassment claim. Any such provision is against public policy and is void and unenforceable. Nondisclosure or confidentiality agreements; prohibited nondisparagement provisions; claims of sexual harassment. Provides that no employer may require an employee or prospective employee to execute or renew any provision in a nondisclosure or confidentiality agreement, including any provision regarding nondisparagement, that has the purpose or effect of concealing the details of a sexual harassment claim. Any such provision is against public policy and is void and unenforceable.

Demographic Impact

Overall analysis of equity impact

80% Positive
High ConfidenceView detailed demographic breakdown ↓

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Bill History

1/10/2023
Prefiled and ordered printed; offered 01/11/23 23103054D
House of Delegates
1/10/2023
Referred to Committee on Commerce and Energy
House of Delegates
1/19/2023
Assigned sub: Subcommittee #1
House of Delegates
1/24/2023
Subcommittee recommends reporting with amendments (8-Y 0-N)
House of Delegates
1/31/2023
Referred from Commerce and Energy by voice vote
House of Delegates
1/31/2023
Referred to Committee for Courts of Justice
House of Delegates
2/1/2023
Assigned Courts sub: Subcommittee #2
House of Delegates
2/1/2023
Subcommittee recommends reporting with substitute (7-Y 1-N)
House of Delegates
2/3/2023
Reported from Courts of Justice with substitute (19-Y 1-N)
House of Delegates
2/3/2023
Committee substitute printed 23106173D-H1
House of Delegates
2/5/2023
Read first time
House of Delegates
2/6/2023
Read second time
House of Delegates
2/6/2023
Committee substitute agreed to 23106173D-H1
House of Delegates
2/6/2023
Engrossed by House - committee substitute HB1895H1
House of Delegates
2/7/2023
Read third time and passed House (98-Y 1-N)
House of Delegates
2/7/2023
VOTE: Passage (98-Y 1-N)
House of Delegates
2/8/2023
Constitutional reading dispensed
Senate
2/8/2023
Referred to Committee on Commerce and Labor
Senate
2/13/2023
Reported from Commerce and Labor with substitute (12-Y 3-N)
Senate
2/13/2023
Committee substitute printed 23106730D-S1
Senate
2/15/2023
Constitutional reading dispensed (40-Y 0-N)
Senate
2/16/2023
Read third time
Senate
2/16/2023
Reading of substitute waived
Senate
2/16/2023
Committee substitute agreed to 23106730D-S1
Senate
2/16/2023
Engrossed by Senate - committee substitute HB1895S1
Senate
2/16/2023
Passed Senate with substitute (22-Y 18-N)
Senate
2/20/2023
Placed on Calendar
House of Delegates
2/20/2023
Senate substitute rejected by House 23106730D-S1 (0-Y 98-N)
House of Delegates
2/20/2023
VOTE: REJECTED (0-Y 98-N)
House of Delegates
2/21/2023
Senate insisted on substitute (33-Y 7-N)
Senate
2/21/2023
Senate requested conference committee
Senate
2/22/2023
House acceded to request
House of Delegates
2/23/2023
Conferees appointed by House
House of Delegates
2/23/2023
Delegates: Filler-Corn, Byron, Head
House of Delegates
2/23/2023
Conferees appointed by Senate
Senate
2/23/2023
Senators: Saslaw, Deeds, Obenshain
Senate
2/25/2023
Conference: Amended by conference committee
2/25/2023
Conference report agreed to by Senate (40-Y 0-N)
Senate
2/25/2023
Conference report agreed to by House (94-Y 1-N)
House of Delegates
2/25/2023
VOTE: Adoption (94-Y 1-N)
House of Delegates
3/7/2023
Enrolled
House of Delegates
3/7/2023
Bill text as passed House and Senate (HB1895ER)
House of Delegates
3/8/2023
Signed by Speaker
House of Delegates
3/8/2023
Signed by President
Senate
3/13/2023
Enrolled Bill communicated to Governor on March 13, 2023
House of Delegates
3/13/2023
Governor: Governor's Action Deadline 11:59 p.m., March 27, 2023
3/24/2023
Governor: Approved by Governor-Chapter 511 (effective 7/1/23)
3/24/2023
Governor: Acts of Assembly Chapter text (CHAP0511)

Amendments

Conference amendments

Conference amendments

2/25/2023Not Adopted

Substitute for HB1895 Courts of Justice, Subcommittee #2

Substitute for HB1895 Courts of Justice, Subcommittee #2

2/1/2023Not Adopted

Roll Call Votes

House: VOTE: Adoption (94-Y 1-N)
2/25/2023
94
Yea
1
Nay
0
Not Voting
5
Absent
Result: PASSED
Senate: Conference report agreed to by Senate (40-Y 0-N)
2/25/2023
40
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Senate insisted on substitute (33-Y 7-N)
2/21/2023
33
Yea
7
Nay
0
Not Voting
0
Absent
Result: PASSED
House: VOTE: REJECTED (0-Y 98-N)
2/20/2023
0
Yea
98
Nay
0
Not Voting
2
Absent
Result: FAILED
Senate: Passed Senate with substitute (22-Y 18-N)
2/16/2023
22
Yea
18
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Constitutional reading dispensed (40-Y 0-N)
2/15/2023
40
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Reported from Commerce and Labor with substitute (12-Y 3-N)
2/13/2023
12
Yea
3
Nay
0
Not Voting
0
Absent
Result: PASSED
House: VOTE: Passage (98-Y 1-N)
2/7/2023
98
Yea
1
Nay
0
Not Voting
1
Absent
Result: PASSED
House: Reported from Courts of Justice with substitute (19-Y 1-N)
2/3/2023
19
Yea
1
Nay
0
Not Voting
0
Absent
Result: PASSED
House: Subcommittee recommends reporting with substitute (7-Y 1-N)
2/1/2023
7
Yea
1
Nay
0
Not Voting
0
Absent
Result: PASSED
House: Subcommittee recommends reporting with amendments (8-Y 0-N)
1/24/2023
8
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED

Status Information

Current Status
Passed(3/24/2023)
Chamber
House of Delegates
Sine DiePrior Session

Sponsors

Democrat: 2

Documents

Chaptered
Bill Text3/24/20231.8 KB
Enrolled
Bill Text3/7/20231.8 KB
Comm Sub
Bill Text2/13/20233.3 KB
Comm Sub
Bill Text2/3/20232.0 KB
Prefiled
Bill Text1/10/202310.5 KB
Fiscal Note/Analysis
Fiscal Note/Analysis3/7/202356.3 KB
Fiscal Note/Analysis
Fiscal Note/Analysis2/15/202356.2 KB
Fiscal Note/Analysis
Fiscal Note/Analysis2/15/202356.5 KB
Fiscal Note/Analysis
Fiscal Note/Analysis1/29/202360.5 KB