Nevada Civil Practice

Sec. § 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.
Source

Last accessed
Feb. 5, 2021

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