Virginia § 40.1-28.01 Nondisclosure or confidentiality agreement; provisions regarding sexual assault or sexual harassment; condition of employment

Virginia Statutes

§ 40.1-28.01 — Nondisclosure or confidentiality agreement; provisions regarding sexual assault or sexual harassment; condition of employment

Virginia § 40.1-28.01

Title 40.1Labor and Employment

Ch. 3Protection of Employees

Art. 1General Provisions

This text of Virginia § 40.1-28.01 (Nondisclosure or confidentiality agreement; provisions regarding sexual assault or sexual harassment; condition of employment) is published on Counsel Stack Legal Research, covering Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Va. Code Ann. § 40.1-28.01 (2026).

Text

A.No employer shall require an employee or a prospective employee to execute or renew any provision in a nondisclosure or confidentiality agreement, including any provision relating to nondisparagement, that has the purpose or effect of concealing the details relating to a claim of sexual assault pursuant to § 18.2-61, 18.2-67.1, 18.2-67.3, or 18.2-67.4 or a claim of sexual harassment as defined in § 30-129.4 as a condition of employment. Any such provision is against public policy and is void and unenforceable.

B.This section shall in no way limit other grounds that exist at law or in equity for the unenforceability of any such agreement or any provision of such agreement.

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A. No employer shall require an employee or a prospective employee to execute or renew any provision in a nondisclosure or confidentiality agreement, including any provision relating to nondisparagement, that has the purpose or effect of concealing the details relating to a claim of sexual assault pursuant to § 18.2-61, 18.2-67.1, 18.2-67.3, or 18.2-67.4 or a claim of sexual harassment as defined in § 30-129.4 as a condition of employment. Any such provision is against public policy and is void and unenforceable.

B. This section shall in no way limit other grounds that exist at law or in equity for the unenforceability of any such agreement or any provision of such agreement.