Understanding the Updated Law on NDAs for Employees and Prospective Employees in Virginia

As of March 24, 2023, Virginia has introduced an essential amendment to § 40.1-28.01 of the Code of Virginia, which addresses the use and enforceability of nondisclosure agreements (NDAs) for employees and prospective employees. This legislative change aims to protect individuals from being silenced in cases of sexual assault or sexual harassment and promotes transparency in the workplace.

As a leading law firm in Virginia, we believe keeping our clients and the public informed about this crucial update is essential. Let's delve into the details of the amended law on NDAs in Virginia.

The Amendment: § 40.1-28.01

The newly revised § 40.1-28.01 focuses on nondisclosure or confidentiality agreements. It introduces strict limitations on provisions related to sexual assault or sexual harassment claims. The amendment prohibits employers from requiring employees or prospective employees to sign or renew any part of a nondisclosure or confidentiality agreement that aims to hide details of sexual assault claims or sexual harassment claims as a condition of employment.

Promoting Transparency and Accountability

This legislative update signifies a major step toward creating safer, more accountable workplaces in Virginia. As employers are now prevented from enforcing NDAs to suppress information regarding sexual assault or harassment incidents, employees and prospective employees can now feel empowered to speak up without fear of retaliation or retribution.

The change not only protects the rights of individuals affected by such misconduct but also ensures that employers are held accountable for inappropriate actions within their organizations.

Unenforceable and Void Provisions

The amendment clearly states that any provision within a nondisclosure or confidentiality agreement that violates the new law is against public policy, rendering it unenforceable and void. The update means that employees and prospective employees are not bound by such provisions, and employers cannot take legal action to enforce them. As a result, individuals can freely discuss and report incidents of sexual assault or harassment without the threat of legal repercussions.

Protecting Other Rights

While this amendment is a significant step in safeguarding employees' rights, it does not limit other grounds for the unenforceability of NDAs or any provisions within them. Employees can still seek legal remedies for agreements that violate other laws or equity principles, preventing their rights from being compromised.

Implications for Employers

For employers in Virginia, it is crucial to review and update existing nondisclosure or confidentiality agreements to comply with the amended law. Any provisions that attempt to suppress information about sexual assault or harassment claims must be removed to avoid potential legal consequences.

Furthermore, employers should create a workplace culture that encourages open communication and fosters an environment where employees feel comfortable reporting incidents without fear of retaliation.

Consult with Legal Professionals

As legal professionals in Virginia, we recommend employers and employees seek professional advice to understand the amended law's implications fully. Employers must comply with the new regulations to avoid potential legal challenges and reputational damage. On the other hand, employees should be aware of their rights and protections under this updated law and consult with legal professionals if they have any concerns or questions.

Empowering Employees: Navigating the Recent Update

The recent amendment to § 40.1-28.01 of the Code of Virginia marks a significant milestone in the protection of employees and prospective employees in cases of sexual assault and harassment. By limiting the enforceability of NDAs that silence victims, Virginia aims to create a safer and more transparent work environment.

At Carroll & Nuttall, PLLC, we are committed to helping our clients in Fairfax navigate these changes and understand their rights and responsibilities under the new law. If you have any questions or require legal assistance, please do not hesitate to contact our experienced team of attorneys at (703) 952-5801.


Our Testimonials

Don't Just Take Our Word
    I owe Ed so much.

    “About 8 years ago, I was a real knucklehead and got a DUI and a few other charges. Ed Nuttall truly cared for me and the outcome of my case. He argued for me, spoke to the DA and the judge about my ...”

    - Dan T.
    Ed and team are simply AMAZING!

    “Ed and team are simply AMAZING!!!! I feel so blessed that God put them in our path. Super knowledgeable, kind, and honorable. They are very respected in the courts.”

    - Nicole M.
    He responded with immediate candor and solid direction.

    “Ed Nuttall was recommended to me by someone I hold in very high regard and after one phone call (after shopping around a bit), I knew that Ed was going to be my attorney. I handed him a messy ...”

    - Tommy K.
    I would like to thank you very much for the advocacy and support you provided me!

    “As a victim of a violent crime in Fairfax County, I would like to thank you very much for the advocacy and support you provided me on 12 December 2023 in Fairfax County General District Court. If I ...”

    - Anonymous
    Detail-oriented, fights for his clients, and delivers results!

    “John Carroll has been my lawyer since I was 19 and I trust him with my life, he’s an attorney that can deliver results and doesn’t promise the world, and gives you realistic potential outcomes based ...”

    - Usman S.

Our Main Priority Is You

Fighting for What You Deserve
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.