Alabama Bans NDAs for Sexual Abuse Claims - HR ALERTS

Alabama Bans NDAs for Sexual Abuse Claims

Effective Date: October 1, 2026

Alabama has enacted a new law that prohibits the use of nondisclosure and confidentiality provisions to prevent employees from disclosing sexual abuse.

Beginning October 1, 2026, any provision in an employment agreement, settlement agreement, or other confidentiality agreement that restricts an employee from discussing sexual abuse or related facts will be considered void and unenforceable.

What This Means

• Employers cannot require employees to remain silent about sexual abuse

• The restriction applies to both the act itself and any related facts

• Any conflicting provisions in agreements will not be legally enforceable

Scope of the Law

• Applies to agreements entered into or revised on or after October 1, 2026

• Covers employment agreements, settlement agreements, and NDAs

• “Sexual abuse” is defined under Alabama’s criminal code

Why It Matters

This law aligns with a growing national trend limiting the use of NDAs in cases involving misconduct. Employers should ensure agreements do not attempt to restrict legally protected disclosures.

What Employers Should Do

• Review and update template agreements before October 1, 2026

• Remove or revise any language that could be interpreted as restricting disclosure of sexual abuse

• Work with legal counsel to ensure compliance with state-specific requirements

Bottom line:

Confidentiality provisions cannot be used to silence disclosures of sexual abuse in Alabama. Employers should update agreements now to avoid unenforceable terms.

Reference: 2026 Bill Text AL S.B. 30  and 2026 Bill Text AL H.B. 93.  

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