; or (ii) the employees and other employees similarly situated. (C) Fees and costs The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (b) Confidentiality agreements and settlements (1) Rule of construction Nothing in this Act shall be construed to interfere with the right of an employee to enter into a confidentiality agreement with his or her employer with respect to a claim of discrimination on the basis of sex, including verbal and physical sexual harassment, the investigation of such a claim, or the out-of-court settlement of such a claim. (2) Limitations on agreements (A) An employer may not use a confidentiality agreement described in paragraph (1) as a basis for not submitting the information required by section 2. (B) A confidentiality agreement described in paragraph (1) shall not be construed as prohibiting any party to such agreement from cooperating with law enforcement investigations into any claims of discrimination on the basis of sex, including verbal and physical sexual harassment. 4. EEOC report to Congress The Equal Employment Opportunity Commission shall annually report to Congress information relating to claims of discrimination on the basis of sex, including verbal and physical sexual harassment, including— (1) the number of settlements that were reported to the Commission as defined by and reported pursuant to section 2; (2) the number of charges alleging discrimination on the basis of sex that were reported to the Equal Employment Opportunity Commission, including verbal and physical sexual harassment made directly to the Commission