Employers may not require that current or prospective employees agree to or renew any part of a nondisclosure (NDA) or confidentiality agreement if that agreement conceals sexual harassment or assault claim information as a condition of employment effective July 1, 2023 in Virginia. Effective 12/7/22 the federal Speak Out Act, also makes such clauses unenforceable.

Employers who are considering a nondisclosure or confidentiality agreement should work with an attorney who practices employment law in their state.