Virginia § 40.1-28.01 - Nondisclosure or confidentiality agreement; provisions regarding sexual assault or sexual harassment; condition of employment
Full text of Virginia Code of Virginia § 40.1-28.01 — Nondisclosure or confidentiality agreement; provisions regarding sexual assault or sexual harassment; condition of employment, with citation guidance and answers to common questions.
§ 40.1-28.01. Nondisclosure or confidentiality agreement; provisions regarding sexual assault or sexual harassment; condition of employment
A. No employer shall require an employee or a prospective employee to execute or renew any provision in a nondisclosure or confidentiality agreement, including any provision relating to nondisparagement, that has the purpose or effect of concealing the details relating to a claim of sexual assault pursuant to § 18.2-61, 18.2-67.1, 18.2-67.3, or 18.2-67.4 or a claim of sexual harassment as defined in § 30-129.4 as a condition of employment. Any such provision is against public policy and is void and unenforceable.
B. This section shall in no way limit other grounds that exist at law or in equity for the unenforceability of any such agreement or any provision of such agreement.
Source: official Virginia text · Last verified 2026-08-27
Frequently Asked Questions About Virginia § 40.1-28.01
What does Code of Virginia § 40.1-28.01 cover?
Section 40.1-28.01 ("Nondisclosure or confidentiality agreement; provisions regarding sexual assault or sexual harassment; condition of employment") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Virginia § 40.1-28.01?
A common citation format is "Code of Virginia § 40.1-28.01" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.
How does Virginia § 40.1-28.01 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.