Gov. Michelle Lujan Grisham signed a bill Wednesday that makes nondisclosure agreements for harassment, retaliation or discrimination no longer a bargaining tool for employers in settlements. HB 21, a nondisclosure agreement bill, levels the playing field, according to bill sponsor Rep. Dayan Hochman-Vigil, a Democrat from Albuquerque. When a victim of harassment, retaliation or discrimination files a lawsuit against an employer, the employer can no longer require the victim to sign a nondisclosure agreement as part of the settlement. Hochman-Vigil and other proponents of the bill said during the legislative session that more often than not the victim is no longer employed when they bring suit and are forced to sign a nondisclosure agreement as a condition for settling. That silences the victim, proponents said during the legislative session.
Of the 12 reproductive justice bills prefiled or introduced in this year’s legislative session, only two made it to Gov. Michelle Lujan Grisham’s desk. HB 25 enables pregnant workers and new moms to seek “reasonable accommodations,” to perform their jobs while pregnant or if they’ve recently given birth. It passed both the House and the Senate. The other bill, HB 21, is one that protects victims of sexual harassment, retaliation or discrimination in the workplace. Bill backers say it enables greater parity when the victim is negotiating a settlement with the former employer.
A bill that supporters say will prevent serial sexual harassers in the workplace passed the Senate floor 23 to 13. HB 21 will enable victims of sexual harassment, retaliation and discrimination in the workplace to determine if a nondisclosure agreement should be part of a settlement with a former employer. Backers of the bill say it levels the playing field and prevents serial abuse. The bill is now headed to Gov. Michelle Lujan Grisham, who is expected to sign it. According to Christopher Papalco, a University of New Mexico law student, 38 percent of sexual harassment claims in New Mexico involve repeat offenders.
A bill to protect victims of sexual harassment in the workplace passed easily with a 5-0 vote in the House Labor, Veterans and Military Affairs Committee Tuesday. HB 21, sponsored by Rep. Dayan Hochman-Vigil, D-Albuquerque, seeks to protect victims of sexual harassment in the workplace by allowing the victim to decide if she or he wants a nondisclosure agreement when the employee and employer settle. Hochman-Vigil said the bill had been amended to reflect that the bill would only apply to private employers because a different bill applies to public employers. There was no opposition to the bill. Expert witness Erika Anderson, an Albuquerque-based attorney, said most sexual harassment cases settle and that often the victim feels forced to sign a nondisclosure agreement.