; (F) the term judgment means, with respect to an issuer, a judgment entered against the issuer, whether imposed by a court or through arbitration; (G) the term settlement means any commitment or agreement— (i) without regard to whether the commitment or agreement, as applicable, is in writing; and (ii) under which an issuer directly or indirectly— (I) provides to an individual compensation or other consideration because of an allegation that the individual has been a victim of covered harassment, covered discrimination, or sexual abuse; or (II) establishes conditions that affect the terms of the employment, including by terminating the employment, of the individual with the issuer— (aa) because of the experience of the individual with, or the participation of the individual in, an alleged act of covered harassment, covered discrimination, or sexual abuse; and (bb) in exchange for which the individual agrees or commits not to— (AA) bring legal, administrative, or any other type of action against the issuer; or (BB) publicly disclose, for a period of time of any length, any portion of the alleged act described in item (aa) on which the commitment or agreement, as applicable, is based; (H) the term sexual abuse means a nonconsensual sexual act or sexual contact, as such terms are defined in section 2246 of title 18, United States Code, or similar applicable Tribal or State law, including such an act or contact in a circumstance in which the victim lacks capacity to consent