In preparation for 2022, California employers have an abundance of new laws with which to comply. Below are the highlights curated by our Employment Law Group.
SB 331: The “Silenced No More” Bill, Prohibits Confidentiality of Alleged Unlawful Acts in NDAs and Settlement Agreements
SB 331, which takes effect January 1, 2022, restricts the ability of employers to impose confidentiality about unlawful acts in the workplace on its employees in settlement agreements and non-disclosure agreements.
1. Employers cannot require confidentiality in settlement agreements resolving any type of workplace harassment or discrimination claims filed in court or with an administrative agency.
SB 331 expands upon the 2019 law that prohibits provisions in settlement agreements or non-disclosure agreements (NDAs) that prevent the disclosure of factual information relating to civil or administrative complaints of sexual assault, sexual harassment, harassment or discrimination based on sex, and any related retaliation. The expanded prohibition taking effect in 2022 will apply to any workplace harassment or discrimination claims related to any protected characteristic, not just those based on sex. This includes acts based on race, religion, color, national origin, ancestry, disability, medical condition, familial status, sex, gender, gender identity, gender expression, sexual orientation, age, and other protected characteristics under California’s Fair Employment and Housing Act (FEHA)....
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