New Mexico § 50-4-36 - Workplace sexual harassment, discrimination and retaliation claims; nondisclosure agreements and certain actions prohibited

§ 50-4-36. Workplace sexual harassment, discrimination and retaliation claims; nondisclosure agreements and certain actions prohibited

A. A private employer shall not, as a term of employment, require an employee to sign

a nondisclosure provision of a settlement agreement relating to a claim of sexual

harassment, discrimination or retaliation in the workplace brought by the employee

or prevent the employee from disclosing a claim of sexual harassment, discrimination

or retaliation occurring in the workplace or at a work-related event coordinated by

or through the employer. B. This section does not prohibit a settlement agreement between an employee or former

employee alleging sexual harassment, discrimination or retaliation from containing

confidentiality provisions. A confidentiality provision is permitted when: (1) it relates to the monetary amount of a settlement; or (2) at the employee's request, it prohibits disclosure of facts that could lead to

the identification of the employee. C. At the sole request of the employee, a settlement agreement subject to this section

may contain a confidentiality provision that prevents the disclosure of factual information

related to the underlying sexual harassment, discrimination or retaliation claim. The provisions of this subsection shall not be construed to prevent disclosure of

information that is the subject of the confidentiality provision if disclosure is

required to be made in a judicial, administrative or other governmental proceeding

pursuant to a valid subpoena or other applicable order as otherwise required by law. D. Except as provided in Subsections B and C of this section, a confidentiality provision

in a settlement agreement subject to this section is void and unenforceable as a matter

of law.