EMPLOYMENT LAW NEWS
Alabama Joins States Limiting Sexual Abuse NDAs as of Oct. 1
By Dana Holle, GovDocs Counsel and Manager Employment Law and Compliance
October 6, 2026
Alabama’s Trey’s Law took effect Oct. 1, 2026, making NDA provisions that prevent disclosure of sexual abuse void and unenforceable. Georgia and Louisiana passed similar laws earlier this year, and a federal version now awaits action in the House.
Alabama’s Trey’s Law
Earlier this year, Alabama Governor Kay Ivey signed Senate Bill 30 (SB 30), also known as Trey’s Law, which took effect on Oct. 1, 2026.
Under SB 30, any provision in a nondisclosure agreement (NDA) or similar agreement, e.g. nondisclosure, confidentiality, and employment agreements, that prohibits an individual or entity from disclosing an act of sexual abuse or related facts is void and unenforceable. SB 30 covers sexual abuse crimes against both children and adults. It also applies to all agreements entered into, executed, or amended on or after Oct. 1, 2026.
A Growing Trend
Banning confidentiality agreements and NDAs that prohibit the disclosure of sexual abuse is a growing trend. Alabama joins several other states that have recently passed versions of Trey’s Law.
Georgia
Trey’s Law (HB 1187) in Georgia took effect on May 11, 2026. As a matter of public policy, it voids any provision in a nondisclosure, confidentiality, employment, settlement, or other agreement that prohibits the disclosure of childhood sexual abuse or facts related to an act of childhood sexual abuse to any other person. Notably, this applies to agreements entered into before, on, or after May 11, 2026.
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Louisiana
In Louisiana, SB 185 went into effect on May 15, 2026, prohibiting nondisclosure agreements involving victims of child sexual abuse. Like Georgia, Louisiana deemed these NDAs as against public policy and unenforceable. SB 185 is also retroactive and applies to nondisclosure clauses in a contract or agreement entered into before, on, or after May 15, 2026.
Federal Legislation
2026 also brought proposed bipartisan federal legislation,. S. 3966, known as TREY’S Law (Terminating Restrictive Enforcement of Youth Settlements Law). If passed, nondisclosure clauses are void and unenforceable if they prohibit:
- A victim or alleged victim of child sexual abuse from disclosing the abuse or facts related to it
- Anyone else from disclosing facts related to that abuse, when doing so supports or is consistent with the victim’s right to disclose
On May 20, 2026, S. 3966 passed the U.S. Senate without amendments and with unanimous consent. It now awaits action in the House.
What This Means for Employers
With Alabama, Georgia, and Louisiana joining earlier adopters such as California, Missouri, Tennessee, and Texas, and a federal bill pending in the House, restrictions on NDAs involving sexual abuse are expanding. Employers should review their nondisclosure, confidentiality, employment, severance, and settlement agreements to make sure they comply in states where these laws apply and should watch for House action on S. 3966.
This Employment Law News blog is intended for market awareness only, it is not to be used for legal advice or counsel.
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