Signed into law on October 7, 2021 by California Governor Gavin Newsom and effective January 1, 2022, the “Silenced No More Act” amends and expands the previous Stand Together Against Non-Disclosures (STAND) Act.

The STAND Act was passed in 2018 in the wake of the #MeToo movement and focused specifically on claims of sexual harassment and discrimination or retaliation based on sex. The new law goes beyond the STAND Act’s focus on sex discrimination and harassment, and expands its protections to any characteristic protected under California law. For example, this would include claims based on race, religion, national origin, disability, age, and various other protected characteristics under California law.

Below are some key requirements of the new law depending on the type of agreement.

Negotiated settlement agreements to resolve an underlying claim filed by an employee in a court, administrative agency, alternative dispute resolution forum, or the employer’s internal complaint process:

• Cannot contain confidentiality provisions that prevent an employee from disclosing information regarding the claim.
• At the employee’s request, an agreement may include a provision that shields their identity and facts that could lead to the discovery of their identity, except if a government agency or public official is a party to the settlement agreement.
• Employers can still prevent the disclosure of amounts paid in settlement.

Employment separation and non-disclosure agreements (other...

Read Full Story: https://www.jdsupra.com/legalnews/california-law-alert-employment-9394593/