§ 1001.Provisions Preventing Disclosure of Facts Related to Claim In Administrative Action Prohibited
Title 14. Of Miscellaneous Provisions · Chapter 3.5. Confidential Settlement Agreements · Last amended 2023 · Last verified July 28, 2026
In one sentenceSection 1001 bars settlement agreements from restricting disclosure of facts behind claims of sexual assault, sexual harassment, or workplace or housing discrimination and retaliation, voids such provisions entered after January 1, 2019, while letting a claimant request that a settlement shield only the claimant's own identity.
(a)Notwithstanding any other law, a provision within a settlement agreement that prevents or restricts the disclosure of factual information related to a claim filed in a civil action or a complaint filed in an administrative action, regarding any of the following, is prohibited:
(1)An act of sexual assault that is not governed by subdivision (a) of Section 1002.
(2)An act of sexual harassment, as defined in Section 51.9 of the Civil Code.
(3)An act of workplace harassment or discrimination, failure to prevent an act of workplace harassment or discrimination, or an act of retaliation against a person for reporting or opposing harassment or discrimination, as described in subdivisions (a), (h), (i), (j), and (k) of Section 12940 of the Government Code.
(4)An act of harassment or discrimination, or an act of retaliation against a person for reporting harassment or discrimination by the owner of a housing accommodation, as described in Section 12955 of the Government Code.
(b)Notwithstanding any other law, in a civil matter described in paragraphs (1) to (4), inclusive, of subdivision (a), a court shall not enter, by stipulation or otherwise, an order that restricts the disclosure of information in a manner that conflicts with subdivision (a).
(c)Notwithstanding subdivisions (a) and (b), a provision that shields the identity of the claimant and all facts that could lead to the discovery of the claimant's identity, including pleadings filed in court, may be included within a settlement agreement at the request of the claimant. This subdivision does not apply if a government agency or public official is a party to the settlement agreement.
(d)Except as authorized by subdivision (c), a provision within a settlement agreement that prevents or restricts the disclosure of factual information related to the claim described in subdivision (a) that is entered into on or after January 1, 2019, is void as a matter of law and against public policy.
(e)This section does not prohibit the entry or enforcement of a provision in any agreement that precludes the disclosure of the amount paid in settlement of a claim.
(f)In determining the factual foundation of a cause of action for civil damages under subdivision (a), a court may consider the pleadings and other papers in the record, or any other findings of the court.
(g)The amendments made to paragraphs (3) and (4) of subdivision (a) by Senate Bill 331 of the 2021-22 Regular Session apply only to agreements entered into on or after January 1, 2022. All other amendments made to this section by Senate Bill 331 of the 2021-22 Regular Session shall not be construed as substantive changes, but instead as merely clarifying existing law.
Plain-English Summary
Chapter 3.5 targets a specific #MeToo-era concern: settlement agreements used to keep a pattern of misconduct hidden from future victims. Section 1001 prohibits any settlement-agreement provision that prevents or restricts disclosure of factual information related to a claim filed in a civil action or an administrative complaint involving certain acts of sexual assault, sexual harassment as defined in Civil Code § 51.9, workplace harassment or discrimination or retaliation under Government Code § 12940, or housing-related harassment, discrimination, or retaliation under Government Code § 12955. Courts can't enter an order, even by stipulation, that restricts disclosure in a way that conflicts with this rule.
The statute does leave the claimant one option. At the claimant's own request, a settlement agreement can still include a provision shielding the claimant's identity and any facts that would reveal it, including court filings — unless a government agency or public official is a party to the settlement, in which case that protection isn't available. Outside that narrow carve-out, and outside the separate protection for the settlement amount itself under subdivision (e), a provision restricting disclosure of the underlying facts in an agreement entered on or after January 1, 2019, is void as a matter of law and against public policy.
Section 1002 works alongside this one, covering a related but distinct category of claims tied to conduct that could be prosecuted as a felony sex offense. Chapter 3.6's § 1002.5 addresses a separate confidentiality issue in employment settlements: no-rehire provisions rather than disclosure restrictions.
Frequently Asked Questions
Can a settlement agreement keep the facts of a sexual harassment claim secret?
No. Section 1001 prohibits provisions that prevent or restrict disclosure of factual information related to a sexual harassment, sexual assault, or workplace or housing discrimination claim, and a provision doing so entered after January 1, 2019 is void as a matter of law.
Can the claimant still keep their own identity confidential?
Yes, at the claimant's request, a settlement can shield the claimant's identity and identifying facts, unless a government agency or public official is a party to the agreement.
Does this section stop the parties from keeping the settlement amount confidential?
No. Section 1001(e) specifically allows a provision that keeps the settlement amount confidential.
Can a court order this kind of confidentiality even if the parties agree to it?
No. Section 1001(b) bars a court from entering an order, by stipulation or otherwise, that restricts disclosure in a manner that conflicts with subdivision (a).
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as:settlement confidentiality california sexual harassmentsecret settlement ban californiano-confidentiality settlement law california