Prohibition of provisions in settlement agreement prohibiting or restricting disclosure of certain information; exceptions.

NRS

10.195

Prohibition of provisions in settlement agreement prohibiting or restricting disclosure of certain information; exceptions.

Except as otherwise provided in NRS 233.190 :

1. A settlement agreement must not contain a provision that prohibits or otherwise restricts a party from disclosing factual information relating to a claim in a civil or administrative action if the claim relates to any of the following:

(a) Conduct that if criminal liability were imposed would constitute a sexual offense pursuant to NRS 179D.097 and would be punishable as a felony, regardless of whether there was a criminal investigation, prosecution or conviction of such conduct;

(b) Discrimination on the basis of sex by an employer or a landlord; or

(c) Retaliation by an employer or a landlord against the claimant for his or her reporting of discrimination on the basis of sex.

2. If a settlement agreement is entered into on or after July 1, 2019, any provision in such an agreement that prohibits or otherwise restricts a party from disclosing factual information pursuant to subsection 1 is void and unenforceable.

3. A court shall not enter an order that prohibits or otherwise restricts the disclosure of factual information in a manner that conflicts with subsection 1.

4. Except as otherwise provided in subsection 5, upon the request of the claimant, the settlement agreement must contain a provision that prohibits the disclosure of:

(a) The identity of the claimant; and

(b) Any facts relating to the action that could lead to the disclosure of the identity of the claimant.

5. If a governmental agency or a public officer is a party to the settlement agreement pursuant to subsection 1, a claimant shall not request and the settlement agreement must not contain a provision pursuant to subsection 4.

6. Nothing in this section shall be construed to prohibit:

(a) A court from considering any pleading or other record to determine the factual basis of a civil claim pursuant to subsection 1; or

(b) An entry or enforcement of a provision in a settlement agreement pursuant to subsection 1 that prohibits disclosure by a party of the settlement amount.

7. As used in this section:

(a) “Claimant” means a person who filed a claim in a civil action or an administrative action pursuant to subsection 1.

(b) “Employer” has the meaning ascribed to it in NRS 33.220 .

(c) “Landlord” means an owner of real property, or the owner’s representative, who provides a dwelling unit on the real property for occupancy by another for valuable consideration.

(Added to NRS by 2019, 800 )