AN ACT CONCERNING LIMITATIONS ON THE USE OF NONDISCLOSURE AGREEMENTS.

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General Assembly Substitute Bill No. 355
February Session, 2026

AN ACT CONCERNING LIMITATIONS ON THE USE OF
NONDISCLOSURE AGREEMENTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:

Section 1. Section 46a -60 of the 2026 supplement to the general 1
statutes is repealed and the following is substituted in lieu thereof 2
(Effective October 1, 2026): 3
(a) As used in this section: 4
(1) "Pregnancy" means pregnancy, childbirth or a related condition, 5
including, but not limited to, lactation; 6
(2) "Reasonable accommodation" means, but is not limited to, being 7
permitted to sit while working, more frequent or longer breaks, periodic 8
rest, assistance with manual labor, job restructuring, light duty 9
assignments, modified work schedules, temporary transfers to less 10
strenuous or hazardous work, time off to recover from childbirth or 11
break time and appropriate facilities for expressing breast milk; and 12
(3) "Undue hardship" means an action requiring significant difficulty 13
or expense when considered in light of factors such as (A) the nature 14
and cost of the accommodation; (B) the overall financial resources of the 15
employer; (C) the overall size of the business of the employer with 16
respect to the number of employees, and the number, type and location 17
of its facilities; and (D) the effect on expenses and resources or the 18
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impact otherwise of such accommodation upon the operation of the 19
employer. 20
(b) It shall be a discriminatory practice in violation of this section: 21
(1) For an employer, by the employer or the employer's agent, except 22
in the case of a bona fide occupational qualification or need, to refuse to 23
hire or employ or to bar or to discharge from employment any 24
individual or to discriminate against any individual in compensation or 25
in terms, conditions or privileges of employment because of the 26
individual's race, color, religious creed, age, sex, gender identity or 27
expression, marital status, national origin, ancestry, present or past 28
history of mental disability, intellectual disability, learning disability, 29
physical disability, including, but not limited to, blindness, status as a 30
veteran, status as a victim of domestic violence, status as a victim of 31
sexual assault or status as a victim of trafficking in persons; 32
(2) For any employment agency, except in the case of a bona fide 33
occupational qualification or need, to fail or refuse to classify properly 34
or refer for employment or otherwise to discriminate against any 35
individual because of such individual's race, color, religious creed, age, 36
sex, gender identity or expression, marital status, national origin, 37
ancestry, present or past history of mental disability, intellectual 38
disability, learning disability, physical disability, including, but not 39
limited to, blindness, status as a veteran, status as a victim of domestic 40
violence, status as a victim of sexual assault or status as a victim of 41
trafficking in persons; 42
(3) For a labor organization, because of the race, color, religious creed, 43
age, sex, gender identity or expression, marital status, national origin, 44
ancestry, present or past history of mental disability, intellectual 45
disability, learning disability, physical disability, including, but not 46
limited to, blindness, status as a veteran, status as a victim of domestic 47
violence, status as a victim of sexual assault or status as a victim of 48
trafficking in persons of any individual to exclude from full membership 49
rights or to expel from its membership such individual or to 50
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discriminate in any way against any of its members or against any 51
employer or any individual employed by an employer, unless such 52
action is based on a bona fide occupational qualification; 53
(4) For any person, employer, labor organization or employment 54
agency to discharge, expel or otherwise discriminate against any person 55
because such person has opposed any discriminatory employment 56
practice or because such person has filed a complaint or testified or 57
assisted in any proceeding under section 46a-82, 46a-83 or 46a-84; 58
(5) For any person, whether an employer or an employee or not, to 59
aid, abet, incite, compel or coerce the doing of any act declared to be a 60
discriminatory employment practice or to attempt to do so; 61
(6) For any person, employer, employment agency or labor 62
organization, except in the case of a bona fide occupational qualification 63
or need, to advertise employment opportunities in such a manner as to 64
restrict such employment so as to discriminate against individuals 65
because of their race, color, religious creed, age, sex, gender identity or 66
expression, marital status, national origin, ancestry, present or past 67
history of mental disability, intellectual disability, learning disability, 68
physical disability, including, but not limited to, blindness, status as a 69
veteran, status as a victim of domestic violence, status as a victim of 70
sexual assault or status as a victim of trafficking in persons; 71
(7) For an employer, by the employer or the employer's agent: (A) To 72
terminate a woman's employment because of her pregnancy; (B) to 73
refuse to grant to that employee a reasonable leave of absence for 74
disability resulting from her pregnancy; (C) to deny to that employee, 75
who is disabled as a result of pregnancy, any compensation to which 76
she is entitled as a result of the accumulation of disability or leave 77
benefits accrued pursuant to plans maintained by the employer; (D) to 78
fail or refuse to reinstate the employee to her original job or to an 79
equivalent position with equivalent pay and accumulated seniority, 80
retirement, fringe benefits and other service credits upon her signifying 81
her intent to return unless, in the case of a private employer, the 82
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employer's circumstances have so changed as to make it impossible or 83
unreasonable to do so; (E) to limit, segregate or classify the employee in 84
a way that would deprive her of employment opportunities due to her 85
pregnancy; (F) to discriminate against an employee or person seeking 86
employment on the basis of her pregnancy in the terms or conditions of 87
her employment; (G) to fail or refuse to make a reasonable 88
accommodation for an employee or person seeking employment due to 89
her pregnancy, unless the employer can demonstrate that such 90
accommodation would impose an undue hardship on such employer; 91
(H) to deny employment opportunities to an employee or person 92
seeking employment if such denial is due to the employee's request for 93
a reasonable accommodation due to her pregnancy; (I) to force an 94
employee or person seeking employment affected by pregnancy to 95
accept a reasonable accommodation if such employee or person seeking 96
employment (i) does not have a known limitation related to her 97
pregnancy, or (ii) does not require a reasonable accommodation to 98
perform the essential duties related to her employment; (J) to require an 99
employee to take a leave of absence if a reasonable accommodation can 100
be provided in lieu of such leave; and (K) to retaliate against an 101
employee in the terms, conditions or privileges of her employment 102
based upon such employee's request for a reasonable accommodation; 103
(8) For an employer, by the employer or the employer's agent, for an 104
employment agency, by itself or its agent, or for any labor organization, 105
by itself or its agent, to harass any employee, person seeking 106
employment or member on the basis of sex or gender identity or 107
expression. If an employer takes immediate corrective action in 108
response to an employee's claim of sexual harassment, such corrective 109
action shall not modify the conditions of employment of the employee 110
making the claim of sexual harassment unless such employee agrees, in 111
writing, to any modification in the conditions of employment. 112
"Corrective action" taken by an employer, includes, but is not limited to, 113
employee relocation, assigning an employee to a different work 114
schedule or other substantive changes to an employee's terms and 115
conditions of employment. Notwithstanding an employer's failure to 116
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obtain a written agreement from an employee concerning a modification 117
in the conditions of employment, the commission may find that 118
corrective action taken by an employer was reasonable and not of 119
detriment to the complainant based on the evidence presented to the 120
commission by the complainant and respondent. As used in this 121
subdivision, "sexual harassment" means any unwelcome sexual 122
advances or requests for sexual favors or any conduct of a sexual nature 123
when (A) submission to such conduct is made either explicitly or 124
implicitly a term or condition of an individual's employment, (B) 125
submission to or rejection of such conduct by an individual is used as 126
the basis for employment decisions affecting such individual, or (C) 127
such conduct has the purpose or effect of substantially interfering with 128
an individual's work performance or creating an intimidating, hostile or 129
offensive working environment; 130
(9) For an employer, by the employer or the employer's agent, for an 131
employment agency, by itself or its agent, or for any labor organization, 132
by itself or its agent, to request or require information from an 133
employee, person seeking employment or member relating to the 134
individual's child -bearing age or plans, pregnancy, function of the 135
individual's reproductive system, use of birth control methods, or the 136
individual's familial responsibilities, unless such information is directly 137
related to a bona fide occupational qualification or need, provided an 138
employer, through a physician may request from an employee any such 139
information which is directly related to workplace exposure to 140
substances which may cause birth defects or constitute a hazard to an 141
individual's reproductive system or to a fetus if the employer first 142
informs the employee of the hazards involved in exposure to such 143
substances; 144
(10) For an employer, by the employer or the employer's agent, after 145
informing an employee, pursuant to subdivision (9) of this subsection, 146
of a workplace exposure to substances which may cause birth defects or 147
constitute a hazard to an employee's reproductive system or to a fetus, 148
to fail or refuse, upon the employee's request, to take reasonable 149
measures to protect the employee from the exposure or hazard 150
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identified, or to fail or refuse to inform the employee that the measures 151
taken may be the subject of a complaint filed under the provisions of 152
this chapter. Nothing in this subdivision is intended to prohibit an 153
employer from taking reasonable measures to protect an employee from 154
exposure to such substances. For the purpose of this subdivision, 155
"reasonable measures" are those measures which are consistent with 156
business necessity and are least disruptive of the terms and conditions 157
of the employee's employment; 158
(11) For an employer, by the employer or the employer's agent, for an 159
employment agency, by itself or its agent, or for any labor organization, 160
by itself or its agent: (A) To request or require genetic information from 161
an employee, person seeking employment or member, or (B) to 162
discharge, expel or otherwise discriminate against any person on the 163
basis of genetic information. For the purpose of this subdivision, 164
"genetic information" means the information about genes, gene 165
products or inherited characteristics that may derive from an individual 166
or a family member; 167
(12) For an employer, by the employer or the employer's agent, to 168
request or require a prospective employee's age, date of birth, dates of 169
attendance at or date of graduation from an educational institution on 170
an initial employment application, provided the provisions of this 171
subdivision shall not apply to any employer requesting or requiring 172
such information (A) based on a bona fide occupational qualification or 173
need, or (B) when such information is required to comply with any 174
provision of state or federal law; [and] 175
(13) (A) For an employer or the employer's agent to deny an employee 176
a reasonable leave of absence in order to: (i) Seek attention for injuries 177
caused by domestic violence, sexual assault or trafficking in persons, 178
including for a child who is a victim of domestic violence, sexual assault 179
or trafficking in persons, provided the employee is not the perpetrator 180
of any act of domestic violence, sexual assault or trafficking in persons 181
committed against a child; (ii) obtain services including safety planning 182
from a domestic violence agency or rape crisis center, as those terms are 183
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defined in section 52 -146k, as a result of domestic violence, sexual 184
assault or trafficking in persons; (iii) obtain psychological counseling 185
related to an incident or incidents of domestic violence, sexual assault 186
or trafficking in persons, including for a child who is a victim of 187
domestic violence, sexual assault or trafficking in persons, provided the 188
employee is not the perpetrator of any act of domestic violence, sexual 189
assault or trafficking in persons committed against a child; (iv) take 190
other actions to increase safety from future incidents of domestic 191
violence, sexual assault or trafficking in persons, including temporary 192
or permanent relocation; or (v) obtain legal services, assisting in the 193
prosecution of the offense, or otherwise participate in legal proceedings 194
in relation to the incident or incidents of domestic violence, sexual 195
assault or trafficking in persons. 196
(B) An employee who is absent from work in accordance with the 197
provisions of subparagraph (A) of this subdivision shall, within a 198
reasonable time after the absence, provide a certification to the employer 199
when requested by the employer. Such certification shall be in the form 200
of: (i) A police report indicating that the employee or the employee's 201
child was a victim of domestic violence, sexual assault or trafficking in 202
persons; (ii) a court order protecting or separating the employee or 203
employee's child from the perpetrator of an act of domestic violence, 204
sexual assault or trafficking in persons; (iii) other evidence from the 205
court or prosecuting attorney that the employee appeared in court; or 206
(iv) documentation from a medical professional, including a domestic 207
violence counselor or sexual assault counselor, as those terms are 208
defined in section 52 -146k, or other health care provider, that the 209
employee or the employee's child was receiving services, counseling or 210
treatment for physical or mental injuries or abuse resulting in 211
victimization from an act of domestic violence, sexual assault or 212
trafficking in persons. 213
(C) Where an employee has a physical or mental disability resulting 214
from an incident or series of incidents of domestic violence, sexual 215
assault or trafficking in persons, such employee shall be treated in the 216
same manner as an employee with any other disability. 217
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(D) To the extent permitted by law, employers shall maintain the 218
confidentiality of any information regarding an employee's status as a 219
victim of domestic violence, sexual assault or trafficking in persons; and 220
(14) For an employer, by the employer or the employer's agent to: (A) 221
Refuse to hire or employ, discriminate in compensation or in terms, 222
conditions or privileges of employment, or bar or discharge from 223
employment, any employee or independent contractor because such 224
employee or independent contractor disclosed conduct the employee or 225
independent contractor reasonably believes to be a discriminatory 226
employment practice, or because such employee or independent 227
contractor disparaged the employer for engaging in conduct the 228
employee or independent contractor reasonably believes to be a 229
discriminatory employment practice, or (B) require or request a 230
prospective, current or former employee or independent contractor to 231
enter into an agreement containing a provision that is void pursuant to 232
subsection (e) of this section, or for an employer to attempt to enforce 233
such provision. Notwithstanding the provisions of section 46a -86, an 234
employer who violates the provisions of this subdivision shall be liable 235
to an employee or independent contractor for actual damages or 236
statutory damages of ten thousand dollars, whichever is more, as well 237
as other remedies provided under law, including, but not limited to, the 238
remedies prescribed in section 2 of this act. The provisions of this 239
subdivision and subsection (e) of this section shall be liberally construed 240
so as to effectuate their remedial purpose and such provisions shall 241
extend to an intern, who is paid or unpaid, and any volunteer engaged 242
in service to an employer in this state in the business of the employer. 243
(c) (1) The provisions of this section concerning age shall not apply 244
to: (A) The termination of employment of any person with a contract of 245
unlimited tenure at an independent institution of higher education who 246
is mandatorily retired, on or before July 1, 1993, after having attained 247
the age of seventy; (B) the termination of employment of any person 248
who has attained the age of sixty -five and who, for the two years 249
immediately preceding such termination, is employed in a bona fide 250
executive or a high policy-making position, if such person is entitled to 251
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an immediate nonforfeitable annual retirement benefit under a pension, 252
profit-sharing, savings or deferred compensation plan, or any 253
combination of such plans, from such person's employer, which equals, 254
in aggregate, at least forty-four thousand dollars; (C) the termination of 255
employment of persons in occupations, including police work and fire -256
fighting, in which age is a bona fide occupational qualification; (D) the 257
operation of any bona fide apprenticeship system or plan; or (E) the 258
observance of the terms of a bona fide seniority system or any bona fide 259
employee benefit plan for retirement, pensions or insurance which is not 260
adopted for the purpose of evading said provisions, except that no such 261
plan may excuse the failure to hire any individual and no such system 262
or plan may require or permit the termination of employment on the 263
basis of age. No such plan which covers less than twenty employees may 264
reduce the group hospital, surgical or medical insurance coverage 265
provided under the plan to any employee who has reached the age of 266
sixty-five and is eligible for Medicare benefits or any employee's spouse 267
who has reached age sixty -five and is eligible for Medicare benefits 268
except to the extent such coverage is provided by Medicare. The terms 269
of any such plan which covers twenty or more employees shall entitle 270
any employee who has attained the age of sixty-five and any employee's 271
spouse who has attained the age of sixty-five to group hospital, surgical 272
or medical insurance coverage under the same conditions as any 273
covered employee or spouse who is under the age of sixty-five. 274
(2) No employee retirement or pension plan may exclude any 275
employee from membership in such plan or cease or reduce the 276
employee's benefit accruals or allocations under such plan on the basis 277
of age. The provisions of this subdivision shall be applicable to plan 278
years beginning on or after January 1, 1988, except that for any 279
collectively bargained plan this subdivision shall be applicable on the 280
earlier of (A) January 1, 1990, or (B) the later of (i) the expiration date of 281
the collective bargaining agreement, or (ii) January 1, 1988. 282
(3) The provisions of this section concerning age shall not prohibit an 283
employer from requiring medical examinations for employees for the 284
purpose of determining such employees' physical qualification for 285
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continued employment. 286
(4) Any employee who continues employment beyond the normal 287
retirement age in the applicable retirement or pension plan shall give 288
notice of intent to retire, in writing, to such employee's employer not 289
less than thirty days prior to the date of such retirement. 290
(d) (1) An employer shall provide written notice of the right to be free 291
from discrimination in relation to pregnancy, childbirth and related 292
conditions, including the right to a reasonable accommodation to the 293
known limitations related to pregnancy pursuant to subdivision (7) of 294
subsection (b) of this section to: (A) New employees at the 295
commencement of employment; (B) existing employees within one 296
hundred twenty days of October 1, 2017; and (C) any employee who 297
notifies the employer of her pregnancy within ten days of such 298
notification. An employer may comply with the provisions of this 299
section by displaying a poster in a conspicuous place, accessible to 300
employees, at the employer's place of business that contains the 301
information required by this section in both English and Spanish. The 302
Labor Commissioner may adopt regulations, in accordance with 303
chapter 54, to establish additional requirements concerning the means 304
by which employers shall provide such notice. 305
(2) The Commission on Human Rights and Opportunities shall 306
develop courses of instruction and conduct ongoing public education 307
efforts as necessary to inform employers, employees, employment 308
agencies and persons seeking employment about their rights and 309
responsibilities under this section. 310
(e) Any provision in an agreement between an employer and a 311
prospective, current or former employee or independent contractor 312
shall be void as against public policy if such provision prohibits the 313
disparagement or disclosure of conduct by the employer that the 314
employee or independent contractor reasonably believes to be a 315
discriminatory employment practice. 316
Sec. 2. (NEW) (Effective October 1, 2026) (a) As used in this section: 317
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(1) "Employee" means any person employed by an employer but does 318
not include any individual employed by such individual's parents, 319
spouse or child. "Employee" includes (A) any elected or appointed 320
official of a municipality, board, commission, counsel or other 321
governmental body, and (B) a current, former or prospective employee, 322
or an independent contractor; 323
(2) "Employer" means any person or employer with one or more 324
persons in such person's or employer's employ. "Employer" includes (A) 325
the state and all political subdivisions thereof, and (B) a ny person who 326
acts, directly or indirectly, in the interest of an employer to any of the 327
employees of such employer and any successor in interest of an 328
employer; and 329
(3) "Volunteer" means any person who provides services to an 330
employer without compensation for such services. "Volunteer" includes 331
an intern providing service to an employer. 332
(b) Any provision in an agreement between an employer and an 333
employee or volunteer to not disclose or discuss conduct, or the 334
existence of a settlement involving conduct, that the employee or 335
volunteer reasonably believes, under state, federal or common law to 336
be: Legally impermissible discrimination, legally impermissible 337
harassment, legally impermissible retaliation directed at an employee or 338
volunteer, a wage and hour violation or a sexual assault, or that is 339
recognized as against a clear mandate of public policy, shall be void and 340
unenforceable. Prohibited nondisclosure and nondisparagement 341
provisions in an agreement between an employee or volunteer and an 342
employer are those provisions concerning legally impermissible 343
conduct that occurs at the workplace, at work -related events 344
coordinated by or through the employer, between employees or 345
volunteers, or between an employer and an employee or volunteer, 346
whether on or off the employment premises. Prohibited nondisclosure 347
and nondisparagement provisions include those contained in 348
employment agreements, independent contractor agreements, 349
agreements to pay compensation in exchange for the release of a legal 350
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claim, or any other form of agreement between the employer and an 351
employee or a volunteer. 352
(c) It shall be a violation of this section for an employer to: (1) 353
Discharge or otherwise discriminate or retaliate against an employee or 354
volunteer for disclosing or discussing conduct that the employee or 355
volunteer reasonably believes to be legally impermissible 356
discrimination, legally impermissible harassment, legally impermissible 357
retaliation directed at an employee or volunteer, a wage and hour 358
violation or a sexual assault, or that is recognized as against a clear 359
mandate of public policy, occurring in the workplace, at work -related 360
events coordinated by or through the employer, between employees or 361
volunteers, or between the employer and an employee or volunteer, 362
whether on or off the employment premises; (2) request or require that 363
an employee or volunteer enter into any agreement provision that is 364
prohibited under this section; or (3) enforce a provision of an agreement 365
prohibited under this section, whether through a lawsuit, a threat to 366
enforce or any other attempt to influence a party to comply with a 367
provision in any agreement that is prohibited by this section. 368
(d) The provisions of this section shall not prohibit: (1) An employer 369
and an employee or volunteer from protecting trade secrets, proprietary 370
information or confidential information that does not involve illegal 371
acts; (2) an employee or volunteer from requesting that the employee 372
and employer enter into a binding written agreement, which may 373
include terms and conditions that preclude the employer from 374
disclosing certain confidential information relating to an employee or a 375
volunteer that does not involve illegal acts; and (3) the enforcement of a 376
provision in any agreement that prohibits the disclosure of the amount 377
paid in settlement of a claim. 378
(e) Any employer who, on or after October 1, 2026, violates the 379
provisions of this section shall be liable in a civil cause of action for 380
actual damages or statutory damages of ten thousand dollars, 381
whichever is more, as well as reasonable attorneys' fees and costs. 382
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(f) A prohibited nondisclosure or nondisparagement provision 383
included in any contract or agreement entered into prior to October 1, 384
2026, shall be void and unenforceable only where such provision was 385
entered into at the outset of employment or during the course of 386
employment. For a prohibited nondisclosure or nondisparagement 387
provision void and unenforceable under this subsection, an employee 388
may recover only damages relating to preventing the enforcement of the 389
provision. The provisions of this subsection shall not apply to any 390
nondisclosure or nondisparagement provision contained in an 391
agreement to settle a legal claim. 392
(g) A nondisclosure or nondisparagement provision in any 393
agreement signed by an employee or volunteer who is a resident of this 394
state is governed by the laws of this state. 395
(h) The provisions of this section are to be liberally construed so as to 396
effectuate its remedial purpose. The remedies provided under this 397
section are cumulative and shall not be construed as restricting any 398
other remedy that is available under any other law. 399
This act shall take effect as follows and shall amend the following
sections:

Section 1 October 1, 2026 46a-60
Sec. 2 October 1, 2026 New section

LAB Joint Favorable Subst. -LCO
JUD Joint Favorable