How Trey’s Law Reshapes Settlement and Employment Agreements Across the Southeast
Across the Southeast United States, state legislatures are rapidly enacting prohibitions on non-disclosure agreements (NDAs) and confidentiality provisions in civil settlements, employment contracts, and separation agreements.
Driven by the advocacy of Trey’s Law—a movement named in memory of survivor Trey Carlock—these laws target confidentiality clauses that prohibit or restrict individuals from disclosing acts of sexual abuse or sexual assault.
For employers, risk managers, claims professionals resolving workplace disputes or civil claims, and those monitoring changes in employment law, standard confidentiality language may be unenforceable—and in many jurisdictions, retroactively voided.
The Impetus Behind Trey’s Law
The campaign for Trey’s Law was founded by Elizabeth Carlock Phillips after her brother, Trey Carlock, died by suicide at age 28. As a youth at a sports camp, Trey had been subjected to severe child sexual abuse. While his perpetrator was criminally convicted, Trey pursued civil litigation against the institution. The resulting settlement included a strict NDA barring him from ever discussing the abuse or the camp’s involvement. Before his death, Trey expressed feeling permanently trapped and silenced by the agreement.
In response, state lawmakers are outlawing confidentiality terms in sexual abuse settlements to eliminate forced silence, potentially expose repeat offenders, and ensure survivor autonomy.
Regional State-by-State Comparison
While these state statutes share a common origin, they vary dramatically in breadth (child sexual abuse vs. all adult sexual assault/abuse) and temporal application (prospective-only vs. retroactive invalidation).
| State | Statute / Effective Date | Scope of Covered Abuse | Application |
| Alabama | SB 30 (Act 2026-18) Effective: October 1, 2026 | All acts of sexual abuse defined as criminal offenses under state code (adults and minors)
| Prospective Only – on or after October 1, 2026 |
| Georgia | HB 1187 (O.C.G.A. § 13-8-2.1) Effective: July 1, 2026 | Childhood sexual abuse claims involving minors | Retroactive and Prospective (voids existing and future settlement NDAs) |
| Louisiana | SB 185 (La. R.S. 9:2717.5) Effective: August 1, 2026 | Child sexual abuse (and related trafficking/grooming conduct) | Retroactive and Prospective (declared an absolute nullity as against public policy) |
| Missouri | SB 81 (Mo. Rev. Stat. § 537.046) Effective: August 28, 2025 | Childhood sexual abuse and related human trafficking claims | Applies to NDAs signed on or after August 28, 2025 (or claims arising after that date)
|
| Texas | SB 835 (Tex. Civ. Prac. & Rem. Code Ch. 129C) Effective: September 1, 2025 | All sexual abuse and assault (child abuse, adult sexual assault, sex trafficking) | Retroactive and Prospective (past NDAs void unless upheld via court order) |
Alabama (SB 30)
Renders void and unenforceable any clause in an NDA, confidentiality agreement, employment agreement, or settlement agreement that prohibits an individual or entity from disclosing an act of sexual abuse or related facts. “Sexual abuse” covers conduct meeting Alabama’s criminal sexual offense codes, regardless of whether criminal charges or convictions occurred.
Georgia (HB 1187)
Focuses specifically on claims and civil actions arising from childhood sexual abuse.
Louisiana (SB 185)
Enacts La. R.S. 9:2717.5 to void confidentiality agreements shielding acts of child sexual abuse.
Missouri (SB 81)
Focuses specifically on claims and civil actions arising from childhood sexual abuse.
Texas (SB 835)
Broad coverage spanning adult sexual assault, indecency with a child, human trafficking, and sexual offenses. (Note: Routine workplace harassment that does not constitute a criminal sexual offense remains eligible for standard confidentiality subject to federal/state rules).
Key Takeaways
In all five jurisdictions, invalidating a non-disclosure clause regarding sexual abuse does not void the entire agreement.
With particular attention to the state law governing each agreement or claim, management should:
- Update master agreement templates: Revise standard forms, including standalone non-disclosure agreements (NDAs), confidentiality provisions in civil settlements, employment contracts, and separation agreements as necessary.
- Eliminate broad boilerplate phrasing: Remove blanket gag clauses (e.g., “Employee agrees never to disclose any facts or allegations relating to their employment or dispute”).
- Insert explicit statutory carveouts: Add language preserving disclosures protected under state sexual abuse disclosure statutes.
- Customize multi-state agreements: Tailor confidentiality paragraphs across multi-jurisdictional operations to reflect applicable state-specific disclosure protections.
- Audit legacy settlement files in Texas, Georgia, and Louisiana: Review closed files involving sexual abuse or child sexual abuse claims, as historical NDAs in these jurisdictions are no longer legally enforceable.
- Refrain from threatening enforcement or penalizing claimants: Do not attempt to enforce voided confidentiality clauses or retaliate against individuals for disclosing covered conduct.
Disclaimer: This material is provided for informational purposes only. It is not intended to constitute legal advice, nor does it create a client-lawyer relationship between Galloway and any recipient. Recipients should consult with counsel before taking any action based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions.
