HOUSE BILL NO. 4973

A bill to amend 1976 PA 453, entitled

"Elliott-Larsen civil rights act,"

(MCL 37.2101 to 37.2804) by adding section 706.

the people of the state of michigan enact:

Sec. 706. (1) Except as allowed under this section, a settlement agreement relating to a claim described in subsection (2) must not contain a provision that prevents or restricts the disclosure of factual information related to the claim.

(2) This section applies to a claim of assault, discrimination, harassment, or retaliation because of sex against an employer made in a complaint to the department as described in section 602 or in a civil action under article 8.

(3) In a civil action described in subsection (2), the court shall not enter, by stipulation or otherwise, an order that restricts the disclosure of information in a manner that conflicts with subsection (1).

(4) 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 in a settlement agreement at the request of the claimant. This subsection does not apply if a government agency or public official is a party to the settlement agreement.

(5) A provision that precludes the disclosure of the amount paid in settlement of the claim may be included in a settlement agreement.

(6) A provision in a settlement agreement that is prohibited by subsection (1) is void as a matter of law and against public policy.