No Tax Deduction for Confidential Settlements of Sexual Harassment and Sexual Abuse Claims—Effective Immediately
Insights for Employers Alert | 2 min read
Dec 28, 2017
Last Friday, December 22, President Trump signed into law the most significant tax legislation in over 30 years. The changes are far reaching and many will affect employer-employee relationships. This alert addresses one very significant provision that took effect the day after the President signed the law.
Elimination of Deduction for Confidential Sexual Harassment or Sexual Abuse Settlements
Heightened public awareness of sexual harassment in the workplace has resulted in a change to the federal income tax treatment of settlements of claims of sexual harassment and sexual abuse. Under the new law, no taxpayer (neither the complaining party nor the payor) can now claim the settlement amount or attorney fees paid in a sexual harassment or sexual abuse case as a tax deduction, if those settlement terms are subject to a nondisclosure agreement.
The provision reads as follows:
No deduction shall be allowed under this chapter for – (1) any settlement or payment related to sexual harassment or sexual abuse if such settlement or payment is subject to a nondisclosure agreement, or (2) attorney’s fees related to such settlement or payment.
Employers will now need to weigh the reputational benefit of keeping a settlement confidential against the financial cost of not claiming the settlement payout and associated legal fees as a deduction. Simple math dictates that the larger the settlement amount, the greater the financial cost of confidentiality. Employees who wish to settle their claim but want to preserve confidentiality may also find employers now less willing to settle on those terms.
Notably, other Title VII claims—e.g. race, religion, and national origin claims—are not subject to this new tax provision. In other words, employers can continue to negotiate settlement agreements with confidentiality terms and maintain the deduction for settlements of discrimination claims – other than sexual harassment and sexual abuse. Note that it is not clear how the deduction will be treated if a sexual harassment claim is combined with another Title VII claim.
Governmental employers are not affected by this change because they are not subject to federal income tax and therefore do not claim tax deductions for litigation settlements. To the extent any governmental entity resolves cases with employees, the motivation to negotiate a confidentiality provision has not been changed by the new tax law. The same would generally be true for tax-exempt employers.
Additional Changes
The new tax bill also includes a number of other changes that will affect the workplace and employers. We will be following up with another alert in the coming days that describes those changes in greater detail.
In the meantime, please contact your Hinshaw attorney to discuss changes that businesses should consider making in response to the new tax law.
This alert has been prepared by Hinshaw & Culbertson LLP to provide information on recent legal developments of interest to our readers. It is not intended to provide legal advice for a specific situation or to create an attorney-client relationship.
Related People
Related Capabilities
Featured Insights

Consumer Crossroads: Where Financial Services and Litigation Intersect
Jul 30, 2026
Should Text Messages be Considered “Calls” Under the TCPA? The Seventh Circuit Says No

Healthcare Alert
Jul 30, 2026
California Courts Sharply Curtail the MICRA Damages Cap in Nursing Home Litigation

Insights for Insurers Alert
Jul 30, 2026
Analyzing a Couple of Cases Involving Exclusions in D&O Policies

In The News
Jul 29, 2026
Hinshaw Authors Contribute Two Articles in Latest Edition of the CCFL Quarterly Report

Webinar
Jul 28, 2026
Cathy Mulrow-Peattie and Sabrina Janeiro Present on Legal AI Technology

In The News
Jul 27, 2026
Scott Seaman Discusses How the Insurance Industry Contributed to the 2026 FIFA World Cup

Privacy, Cyber & AI Decoded Alert
Jul 27, 2026
Compliance Guidance for the New Vermont Data Privacy and Online Surveillance Act (VDPOSA)

Healthcare Alert
Jul 24, 2026
Q&A: Right to Electronic Monitoring Extended to Illinois Assisted and Shared Living Facilities

Press Release
Jul 23, 2026
Insurance Partner Christophe Burusco Joins Hinshaw in Los Angeles

In The News
Jul 16, 2026
Jennifer Driscoll Anticipates Epic Battle Between “Titans of the Antitrust Bar”

Press Release
Jul 15, 2026
Two Hinshaw Partners Recognized in Minnesota Monthly's 2026 Top Lawyers in Minnesota


