If you work in Texas—whether in Houston or elsewhere—you may have been asked to sign a non-disclosure agreement, often called an NDA. These agreements can appear in offer letters, onboarding paperwork, employment agreements, bonus plans, severance agreements, and settlement documents.
An NDA can serve a legitimate purpose by protecting trade secrets and confidential business information. But it does not automatically prevent you from reporting unlawful workplace conduct, cooperating with a government investigation, or speaking confidentially with an attorney. Federal and Texas law place meaningful limits on certain confidentiality and non-disparagement clauses, particularly in disputes involving sexual harassment, sexual assault, or sexual abuse.
The exact language of an agreement, the information involved, and the type of report you want to make all matter. Before assuming you are prohibited from speaking—or that an NDA is unenforceable—understand the distinction.
Table of Contents
• What Is an NDA in the Workplace?
• Is an NDA the Same as a Non-Compete or Non-Disparagement Clause?
• Can an NDA Stop Me From Filing an EEOC Charge or Cooperating With an Investigation?
• What Does the Federal Speak Out Act Protect?
• What Did Texas Change With SB 835?
• Can I Give Confidential Company Documents to an Attorney or Government Agency?
• What Should I Do Before Signing or Relying on an NDA?
• What This Means for Texas Employees
• Contact an Employment Lawyer
What Is an NDA in the Workplace?
An NDA is a contract that restricts the disclosure of defined information. In an employment setting, it often covers material such as trade secrets, customer information, financial data, product plans, source code, pricing, internal strategies, or other confidential business information.
Not every NDA has the same scope. Some clauses are narrowly focused on legitimate confidential information. Others are written broadly and may be bundled with non-disparagement, non-solicitation, non-compete, severance, or release provisions.
A confidentiality clause is not automatically invalid simply because it appears in an employment agreement. But it also does not erase rights employees have under federal or Texas law. The agreement’s wording must be read alongside the law that applies to the situation.
Is an NDA the Same as a Non-Compete or Non-Disparagement Clause?
No. These provisions are often presented together, but they do different things.
| Provision | What it generally addresses |
| NDA or confidentiality clause | Restricts disclosure of specified confidential information. |
| Non-disparagement clause | Restricts negative statements about an employer or another party. |
| Non-compete clause | Restricts certain competitive work after employment ends. |
| Non-solicitation clause | Restricts contacting or recruiting customers, clients, or coworkers in specified circumstances. |
| Release of claims | May waive certain legal claims, often in exchange for severance or settlement consideration. |
Do not assume a clause labeled “confidentiality” applies only to trade secrets, or that a clause labeled “NDA” has no effect on other workplace rights. Read the full agreement, including definitions, exceptions, and any provisions near the signature page.
Can an NDA Stop Me From Filing an EEOC Charge or Cooperating With an Investigation?
An NDA does not give an employer a free pass to block an employee from asserting non-waivable federal civil-rights protections.
The EEOC’s guidance states that an employer may not interfere with an employee’s protected right to file a charge, testify, assist, or participate in an EEOC investigation, hearing, or proceeding under federal employment-discrimination laws.
That does not mean an employee should publicly post confidential materials, copy company files without considering the legal risks, or ignore every contractual obligation. It means that a broad confidentiality clause should not automatically be treated as a bar to seeking government help or legal advice about discrimination, harassment, retaliation, or another potential violation.
If you believe an agreement is being used to silence a report of unlawful conduct, preserve the agreement and obtain legal guidance before responding.
What Does the Federal Speak Out Act Protect?
The federal Speak Out Act limits the judicial enforceability of certain predispute nondisclosure and nondisparagement clauses in disputes involving sexual harassment or sexual assault.
A predispute clause is one agreed to before the dispute arises—for example, a clause in an offer letter, employment agreement, or onboarding document signed before an employee experiences the alleged misconduct.
Under the Act, a predispute NDA or non-disparagement clause is not judicially enforceable in a sexual harassment or sexual assault dispute when the alleged conduct violates federal, state, or tribal law.
The law does not prohibit employers and employees from protecting trade secrets or proprietary information. It also does not automatically invalidate every confidentiality term in a settlement reached after a dispute arises. The facts, timing, and type of provision matter.
What Did Texas Change With SB 835?
Texas enacted SB 835, commonly called Trey’s Law, effective September 1, 2025. The law makes a nondisclosure or confidentiality provision void and unenforceable to the extent it prohibits disclosure of an act of sexual abuse. It applies to employment agreements, settlement agreements, and other agreements.
Texas law defines “act of sexual abuse” by reference to specified offenses, including certain sexual assault, child sexual abuse, trafficking, and related conduct.
This protection is significant, but it is not a broad ban on every NDA in Texas. Ordinary clauses protecting legitimate confidential business information may remain enforceable. SB 835 also does not turn every workplace complaint into a sexual-abuse claim. For workplace sexual-harassment disputes, the federal Speak Out Act may be the more directly relevant protection for predispute NDA and non-disparagement clauses.
Can I Give Confidential Company Documents to an Attorney or Government Agency?
Be careful. You should not assume an NDA gives you no obligations or that you may take, copy, or publicly share any workplace document.
Federal trade-secret law provides a limited whistleblower immunity for certain confidential disclosures of trade secrets made to a federal, state, or local government official or to an attorney solely to report or investigate a suspected legal violation. It also provides limited protection for certain trade-secret information filed under seal in a lawsuit.
That protection is narrow. It does not generally authorize public disclosure, unrestricted downloading, or taking documents you are not entitled to access. The safest approach is to preserve the information you already lawfully possess, avoid altering records, and speak with an attorney before transferring or using confidential materials.
What Should I Do Before Signing or Relying on an NDA?
1. Read the Entire Agreement
Look beyond the heading. Identify what “confidential information” means, whether the clause includes non-disparagement language, and whether it contains carve-outs for legal reporting, government investigations, or attorney communications.
2. Preserve a Copy
Keep a copy of the agreement, the offer letter, severance agreement, or settlement document you signed or were asked to sign. If you received it electronically, save the original email or download.
3. Do Not Ignore a Potential Reporting Deadline
An NDA does not stop employment-law filing deadlines from running. If you may have a discrimination, harassment, retaliation, wage, or other claim, review the applicable deadlines promptly. For general guidance in Washington, D.C., Virginia, and Maryland, see TSLF’s employment-law deadlines guide.
4. Do Not Publicly Disclose Documents in Anger
A social-media post, mass email, or public upload can create additional legal risk. A more careful option may be speaking confidentially with counsel or using the appropriate government-reporting channel.
5. Seek Legal Guidance Before You Sign Away Rights
This is especially important if the agreement appears in a severance package, settlement proposal, or workplace-investigation process. A lawyer can assess the actual wording, the employee’s rights, and the consequences of signing, refusing, or making a report.
What This Means for Texas Employees
An NDA is not necessarily a gag order. Texas employees should not assume that a confidentiality clause prevents every report of workplace misconduct, or that it makes speaking with an attorney or government agency impossible.
At the same time, an NDA is not something to dismiss. Texas law and federal law may protect specific disclosures or specific kinds of disputes, while other obligations—particularly those involving legitimate trade secrets and confidential business information—may remain enforceable.
The practical question is not simply, “Did I sign an NDA?” It is: What does the agreement say, what information is involved, what happened, and what legal protections apply to the report I need to make?
Frequently Asked Questions
Can my employer make me sign an NDA in Texas?
Employers may use confidentiality agreements to protect legitimate confidential business information. Whether a particular clause is enforceable depends on its wording, the information it covers, the circumstances, and applicable law.
Can an NDA stop me from reporting sexual harassment?
A predispute NDA or non-disparagement clause is not judicially enforceable under the Speak Out Act in a qualifying sexual-harassment dispute involving conduct alleged to violate federal, state, or tribal law. The details matter, particularly whether the clause was agreed to before the dispute arose.
Can an NDA stop me from reporting sexual abuse in Texas?
Texas SB 835 makes a confidentiality or nondisclosure provision void and unenforceable to the extent it prevents disclosure of an act of sexual abuse.
Can I file an EEOC charge if I signed a confidentiality agreement?
The EEOC’s guidance states that an employer may not interfere with an employee’s non-waivable right to file a charge or participate in an EEOC investigation, hearing, or proceeding.
Is a severance agreement NDA different from an employment-agreement NDA?
Often, yes. A severance agreement may combine confidentiality language with a release of legal claims and other obligations in exchange for payment or benefits. The exact agreement and timing matter, so review it before signing.
Contact an Employment Lawyer
If an NDA, confidentiality clause, severance agreement, or workplace complaint affects your employment rights, contact The Spiggle Law Firm to tell us about your case.
References
[1] Speak Out Act, 42 U.S.C. §§ 19401–19404
[2] Texas SB 835, 89th Legislature, Regular Session (2025)
[4] 18 U.S.C. § 1833, “Exceptions to Prohibitions”
This article is for general informational purposes and is not legal advice. Every situation is different.
