3, United States Code, or department, agency, or unit referred to in subsection (a) of section 717 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16 ). (3) Nondisclosure clause The term nondisclosure clause means a provision in a contract or agreement establishing that one or more parties to the contract or agreement agrees not to disclose information covered by the terms and conditions of the contract or agreement. (4) Nondisparagement clause The term nondisparagement clause means a provision in a contract or agreement requiring one or more parties to the contract or agreement not to make negative statements about another such party. (b) Unlawful practices (1) In general It shall be an unlawful practice for an employer to enter into a contract or agreement with an employee, as a condition of employment, promotion, compensation, benefits, or change in employment status, or as a term, condition, or privilege of employment, if that contract or agreement contains a nondisparagement clause or nondisclosure clause that covers prohibited discrimination or harassment in employment or contracting, or retaliation for reporting, resisting, opposing, or assisting in the investigation of such discrimination or harassment. (2) Enforcement Notwithstanding any other provision of law, it shall be an unlawful practice for an employer to enforce or attempt to enforce a nondisclosure or nondisparagement clause that covers prohibited discrimination or harassment in employment, or retaliation for reporting, resisting, opposing, or assisting in the investigation of such discrimination or harassment. An employer’s enforcement or attempts to enforce such a nondisclosure agreement against an employee shall be determined to be prohibited retaliation. (3) Settlement or separation agreements (A) In general The provisions of paragraphs (1) and (2) do not apply to a nondisparagement clause or nondisclosure clause contained in a settlement agreement or separation agreement that resolves legal claims or disputes if— (i) such legal claims