Civil Procedure,
Labor/Employment
Aug. 7, 2024
Confidentiality in employment dispute settlements is prohibited, impacting single-plaintiff cases
See more on Confidentiality in employment dispute settlements is prohibited, impacting single-plaintiff casesBy Ben Kussman
Ben Kussman
Partner, Annaguey McCann LLP
In settling single-plaintiff employment disputes, confidentiality can be a crucial bargaining chip. Employers typically want it. Plaintiffs want to make the employers pay for it. Code of Civil Procedure section 1001 - enacted in 2019 - dramatically altered the status quo by prohibiting confidentiality provisions in settlement agreements for certain sex and gender-based claims. Two years ago, the prohibition was expanded to cover nearly all types of discrimination, harassment, or retaliatio...
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