Substitute Senate Bill No. 4 (sSB4 File No. 522) proposes amendments to existing laws with a focus on domestic violence, electronic privacy, and employment discrimination. The bill expands a grant program to provide free legal assistance to indigent individuals seeking temporary restraining orders in specific judicial districts, with a grant cap of $200,000, except for the district with the highest average number of restraining order applications, which may receive up to $400,000. It also introduces a civil cause of action for the non-consensual transmission of intimate images via electronic communication devices, with exceptions for healthcare providers and certain commercial transmissions. The bill prohibits discrimination in employment based on various personal characteristics, including being a victim of domestic violence, and outlines protections for pregnant employees. It mandates immediate corrective action for sexual harassment claims and prohibits employers from requesting genetic information or discriminating based on age, except where legally required or necessary for the job.

The bill further addresses workplace discrimination by prohibiting nondisclosure and nondisparagement clauses in employment contracts that prevent the discussion of discriminatory practices. Employers are barred from discriminating against employees or independent contractors who disclose or believe they have been subjected to such practices, and from enforcing agreements that prevent the disclosure of discriminatory practices. Violations can result in the employer being liable for actual damages or statutory damages of ten thousand dollars, whichever is greater, along with other legal remedies. The bill extends these protections to interns and volunteers and specifies that any agreement provisions that prohibit disparagement or disclosure of discriminatory employment practices are void as against public policy. The effective dates for the provisions are July 1, 2024, and October 1, 2024, with a fiscal impact of up to $630,000 annually for the Judicial Department. The bill is intended to be liberally construed to effectuate its remedial purpose.

Statutes affected:
Committee Bill:
JUD Joint Favorable Substitute:
File No. 522: