Alabama Bans Confidentiality Agreements That Prohibit Disclosure of Sexual Abuse

Quick Hits

• Effective October 1, 2026, Alabama’s “Trey’s Law” will ban the use of confidentiality agreements that prohibit the disclosure of sexual abuse.
• The law applies solely to elements of an agreement related to acts of sexual abuse and does not affect other aspects of agreements, such as compensation.

What Trey’s Law Provides

Trey’s Law renders void and unenforceable any provision in a nondisclosure agreement, confidentiality agreement, employment agreement, settlement agreement, or any other type of agreement that prohibits an individual or entity from disclosing an act of sexual abuse or facts related to such abuse. The law broadly defines “sexual abuse” to include any conduct constituting a criminal violation under Alabama’s sexual offense statutes, regardless of whether the conduct has led to a criminal charge, conviction, adjudication, or sentence. The legislation covers sexual abuse crimes committed against both adults and children, as well as human trafficking offenses.

Importantly, the law applies solely to elements of an agreement related to acts of sexual abuse and does not affect other aspects of agreements, such as compensation. SB30 applies only to agreements entered into, executed, or amended on or after October 1, 2026.

What Does This Mean for Employers?

Trey’s Law may carry significant implications for Alabama employers, particularly those that utilize nondisclosure or confidentiality provisions in severance agreements, settlement agreements, and employment contracts. With the October 1, 2026, effective date approaching, employers may want to proactively review their standard template agreements and ensure compliance with this new law.

Ogletree Deakins’ Birmingham office will continue to monitor developments and will post updates on the Alabama and State Developments blogs as additional information becomes available.

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