Does an NDA in Nevada supersede my right to report sexual harassment?

No, an NDA cannot legally supersede your right to report sexual harassment in Nevada. Both Nevada state law and federal statutes explicitly prohibit employers from using non-disclosure or non-disparagement agreements to silence employees regarding sexual harassment or sexual assault claims.

The Legal Landscape: Nevada and Federal Protections

In recent years, the legal environment surrounding NDAs has shifted dramatically in favor of employee transparency. If you signed an agreement that purports to bar you from reporting harassment, that specific provision is likely void and unenforceable as a matter of public policy.

Nevada Revised Statute (NRS) 613.205

Nevada law is clear regarding the limitations of confidentiality agreements. Under NRS 613.205, any agreement that prevents an employee from disclosing factual information relating to a claim of sexual harassment or sexual assault is void and unenforceable. This applies to:

• Agreements entered into as a condition of employment.
• Settlement agreements that attempt to hide future patterns of abuse.
• Non-disparagement clauses that effectively function as gag orders.

Key takeaway: If your contract contains a clause that threatens legal action for reporting harassment, that clause is legally invalid under Nevada law. You cannot be sued for breach of contract for reporting illegal conduct to the EEOC or the Nevada Equal Rights Commission (NERC).

Action Item: Review your employment contract for "catch-all" confidentiality clauses. If you see language that prohibits "discussing workplace conditions" or "disparaging the company," consult with an attorney to determine if these are overbroad.

Federal Protections: The Speak Out Act

Beyond state law, the federal Speak Out Act (enacted in 2022) provides a nationwide floor for these protections. This law renders any pre-dispute NDA unenforceable if it prevents an employee from discussing or disclosing sexual assault or sexual harassment.

Why Employers Still Include These Clauses

Employers often include broad NDAs to discourage litigation through intimidation. Even if a clause is unenforceable, its presence in a contract can create a "chilling effect" on employees. Understanding that these clauses are legally toothless is your first step in reclaiming your right to report.

Action Item: Do not assume a contract is legal just because it is written on official letterhead. If you are being pressured to sign an NDA, ask for the specific exclusion regarding sexual harassment and discrimination to be added in writing.

Steps to Take if You Have Signed a Restrictive NDA

If you have already signed an agreement and are currently experiencing or witnessing harassment, follow these steps to protect your rights:

1. Document Everything: Keep a detailed log of dates, times, witnesses, and the nature of the harassment.
2. Consult the EEOC/NERC: Filing a charge with the Equal Employment Opportunity Commission or the Nevada Equal Rights Commission is a protected activity. An NDA cannot stop you from participating in these government investigations.
3. Seek Legal Counsel: Before disclosing information, have an attorney review the specific language of your NDA to ensure you are protected under the "public policy" exceptions.
4. Retain Evidence: Ensure you have copies of your signed employment agreements and any communications regarding the harassment.

Key takeaway: Reporting harassment to a government agency is a protected right. Retaliation against an employee for exercising this right is a separate, actionable legal claim under both state and federal law.

Action Item: If you feel unsafe or are being threatened with legal action for reporting, contact the Nevada Equal Rights Commission immediately to file a formal complaint.

How TermScore Can Help

Navigating the fine print of employment contracts is complex, but you don't have to do it alone. TermScore uses advanced AI to instantly analyze your contracts, flagging overbroad non-disclosure clauses, illegal non-disparagement provisions, and other red flags that may conflict with your rights under Nevada and federal law. Upload your document to TermScore today to get an objective, plain-English breakdown of your legal obligations and protections.