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Senate committee approves ban on NDAs for departing state employees
Summary
The Senate Retirement and Government Resources Committee voted 6–1 to advance SB 1415, which would prohibit nondisclosure agreements imposed on state employees at separation while exempting statutorily protected confidences such as attorney–client and medical privileges.
The Oklahoma Senate Retirement and Government Resources Committee advanced legislation on Thursday that would bar state agencies from requiring nondisclosure agreements when an employee resigns or is terminated.
Senator Brooks, sponsor of Senate Bill 1415, told the panel the measure is intended to promote transparency in state government and prevent NDAs that could impede whistleblowers. "Those nondisclosure agreements seem kind of like cover ups," Brooks said during her presentation and in response to questions.
Supporters said the bill preserves existing legal protections. Senator Boren and others pressed whether federal privacy laws and professional privileges would still apply; Brooks said the text creates explicit exceptions for statutorily protected confidences and that staff consulted employment counsel to avoid unintended consequences. "On the second page that talks about any kind of mandated professional privilege of confidentiality, those would remain in place," Brooks said.
Opponents expressed concern about whether NDAs were voluntary or coercive in practice, and Vice Chair Bergstrom voted No on the committee roll call. The clerk recorded six ayes and one nay; the chair declared SB 1415 passed out of committee.
What happens next: SB 1415 will be revised as needed and returned to the full Senate calendar for consideration. If enacted, the bill would not eliminate statutory privacy obligations such as FERPA or HIPAA; committee members emphasized those laws would continue to apply.
