Overview:

Louisiana Act No. 781, which came into effect on August 1, 2024, marks a critical step toward dismantling the culture of forced silence in the workplace. By banning the use of nondisclosure agreements (NDAs) that prevent employees from speaking out about sexual harassment and hostile work environments, the law sends a clear message: no employer has the right to legally bury misconduct. It is a direct response to decades of institutional cover-ups, where NDAs were used as tools of coercion, reputation management, and systemic control.​

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Key Provisions:

• The law makes it unlawful for any employer to require or enforce a nondisclosure or nondisparagement clause that would prevent an employee from discussing or disclosing experiences of sexual harassment or a hostile work environment. This includes NDAs presented during hiring, embedded in employment contracts, or included in settlements—if the NDA is imposed to silence the worker, it’s now unenforceable.

• Importantly, the legislation distinguishes between NDAs imposed by employers and confidentiality clauses requested by survivors. The intent of the law is not to remove a survivor’s right to privacy, but rather to protect their right to speak. Silence should be a choice—not a condition of employment or compensation.

• These provisions apply to any agreement signed before a dispute arises. In other words, employers can no longer force workers to waive their voice as a condition of employment or payment.

 

Legislative History:

The legislation, originally introduced as House Bill 161, was championed by Representatives Joseph “Joe” Bayham and Mandie Landry—two legislators with a history of supporting worker rights and gender justice. The bill gained traction following a wave of public outcry over the use of NDAs in silencing victims across a range of industries in Louisiana, from hospitality to healthcare to higher education.

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The bill moved swiftly through the Louisiana State Legislature, receiving overwhelming support in both chambers. It was signed into law and codified as Act No. 781 of the 2024 Regular Session, with implementation beginning August 1, 2024.

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Implications for Survivors and the Restitution Project:

This legislation mirrors the core values of The Restitution Project by placing survivor choice, autonomy, and justice at the center of legal reform. It acknowledges that silencing agreements are not neutral legal instruments—they are often used to reinforce power imbalances, protect abusers, and erase harm. With this law, Louisiana joins a growing list of states that understand NDAs, when misused, are not just legal contracts—they are mechanisms of institutional betrayal.

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By removing this barrier, Act No. 781 opens the door for truth-telling, accountability, and systemic change. It is a vital step in transforming workplaces from sites of secrecy to spaces where justice can begin.