; (v) the employee is given a period of at least 21 days to consider any proposal for a settlement or separation agreement that includes a nondisparagement clause or nondisclosure clause; and (vi) the settlement or separation agreement provides that for a period of at least 7 days following the execution of such agreement the employee may revoke the agreement, and the agreement shall not become effective or enforceable until the revocation period has expired. (D) Burden of proof In any dispute that may arise over whether any of the requirements of subparagraph (A) have been met, the party asserting the validity of an agreement shall have the burden of proving that the requirements of subparagraph (A) have been met. (E) Participation in investigations or proceedings No nondisparagement clause or nondisclosure clause may affect the ability of an employee to testify at, assist, or participate in an investigation or proceeding conducted by the Equal Employment Opportunity Commission, any Federal, State, or local agency with the authority to enforce laws (including regulations) that prohibit discrimination in employment, as the case may be, or a law enforcement agency. (F) Prohibition on damages Under no circumstances shall an employee be required to pay damages for breach of a nondisparagement clause or nondisclosure clause permitted by this paragraph in excess of an amount equal to the consideration of value provided to the worker in exchange for the workers’ agreement to the nondisparagement clause or nondisclosure clause. (c) Enforcement (1) Enforcement powers With respect to the administration and enforcement of this section in the case of a claim alleged by an employee against an employer for a violation of this section— (A) the Commission shall have the same powers as the Commission has to administer and enforce title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq.)