; (ii) the clause involved is mutually agreed upon by and mutually benefits both— (I) the employer, as the case may be; and (II) the employee; (iii) the employee’s agreement to such clause is knowing and voluntary, as described in subparagraph (C); and (iv) the settlement agreement or separation agreement expressly states that the agreement involved does not prohibit, prevent, or otherwise restrict a worker from— (I) reporting the allegations underlying those settled claims to the Equal Employment Opportunity Commission, any other Federal, State, or local agency with the authority to enforce laws (including regulations) that prohibit discrimination or harassment in employment, as the case may be, or law enforcement; (II) testifying at, assisting, or participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission, any other Federal, State, or local agency with the authority to enforce laws (including regulations) that prohibit discrimination or harassment in employment, as the case may be, or law enforcement; or (III) testifying in a hearing or trial or complying with a request for discovery in relation to civil litigation. (B) Prohibition on sole benefit For purposes of this paragraph, it shall be an unlawful practice for an employer to unilaterally include a nondisparagement clause or nondisclosure clause that solely benefits the employer in a separation or settlement agreement. (C) Knowing and voluntary agreement For purposes of this paragraph, agreement to a nondisparagement clause or nondisclosure clause may not be considered knowing and voluntary unless at a minimum— (i) the nondisparagement clause or nondisclosure clause is written in a manner designed to ensure that the employee understands the content of the clause involved; (ii) the nondisparagement clause or nondisclosure clause is included only in exchange for consideration of value provided to the employee, in addition to anything of value to which the employee is already entitled