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Code · Nevada · CHAPTER 10 - GENERAL PROVISIONS

NRS 10.195 Prohibition of provisions in settlement agreement prohibiting or restricting disclosure of certain information; exceptions.

420 words·~2 min read·/nv/chapter-10-general-provisions/10-195

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NRS 10.195 Prohibition of provisions in settlement agreement prohibiting or restricting disclosure of certain information; exceptions. Except as otherwise provided in NRS 233.190 :
1. A settlement agreement must not contain a provision that prohibits or otherwise restricts a party from disclosing factual information relating to a claim in a civil or administrative action if the claim relates to any of the following:
(a)Conduct that if criminal liability were imposed would constitute a sexual offense pursuant to NRS 179D.097 and would be punishable as a felony, regardless of whether there was a criminal investigation, prosecution or conviction of such conduct;
(b)Discrimination on the basis of sex by an employer or a landlord; or
(c)Retaliation by an employer or a landlord against the claimant for his or her reporting of discrimination on the basis of sex.
2. If a settlement agreement is entered into on or after July 1, 2019, any provision in such an agreement that prohibits or otherwise restricts a party from disclosing factual information pursuant to subsection 1 is void and unenforceable.
3. A court shall not enter an order that prohibits or otherwise restricts the disclosure of factual information in a manner that conflicts with subsection 1.
4. Except as otherwise provided in subsection 5, upon the request of the claimant, the settlement agreement must contain a provision that prohibits the disclosure of:
(a)The identity of the claimant; and
(b)Any facts relating to the action that could lead to the disclosure of the identity of the claimant.
5. If a governmental agency or a public officer is a party to the settlement agreement pursuant to subsection 1, a claimant shall not request and the settlement agreement must not contain a provision pursuant to subsection 4.
6. Nothing in this section shall be construed to prohibit:
(a)A court from considering any pleading or other record to determine the factual basis of a civil claim pursuant to subsection 1; or
(b)An entry or enforcement of a provision in a settlement agreement pursuant to subsection 1 that prohibits disclosure by a party of the settlement amount.
7. As used in this section:
(a)“Claimant” means a person who filed a claim in a civil action or an administrative action pursuant to subsection 1.
(b)“Employer” has the meaning ascribed to it in NRS 33.220 .
(c)“Landlord” means an owner of real property, or the owner’s representative, who provides a dwelling unit on the real property for occupancy by another for valuable consideration.
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