In the wake the of the #MeToo movement, lawmakers have acted to ensure that victims of sexual harassment are not silenced. Several states have mandated employee training and policy requirements, as well as passed laws that limit or prohibit non-disclosure provisions in settlement agreements.
With respect to non-disclosure provisions, the specifics of the laws differ, as set forth below. While several similar federal bills have been introduced, none have gained much traction. However, Congress enacted, as a part of the Tax Cuts and Jobs Act, a provision that prevents employers from taking a tax deduction if they have a sexual harassment or sexual abuse allegation settlement that is subject to a non-disclosure agreement.