Settlement agreements: employment disputes.

Existing law prohibits an agreement to settle an employment dispute from containing a provision that prohibits, prevents, or otherwise restricts a settling party that is an aggrieved person, as defined, from working for the employer against which the aggrieved person has filed a claim or any parent company, subsidiary, division, affiliate, or contractor of the employer. This bill would require the aggrieved person to have filed the claim in good faith for the prohibition to apply. Existing law creates an exception from the prohibition if the employer has made a good faith determination that the aggrieved person engaged in sexual harassment or sexual assault. This bill would require the determination of sexual assault or sexual harassment to be documented by the employer before the aggrieved person filed the claim. The bill would also expand this exception to include determinations that the aggrieved person engaged in any criminal conduct.