On March 24, 2022, Washington state Governor Inslee signed into law Engrossed Substitute House Bill 1795 (The Silenced No More Act) (“ESHB 1795”). Washington now becomes the second state (after California) to render nondisclosure and nondisparagement provisions illegal in employment agreements.

What is Prohibited?

The newly-enacted law broadly covers all types of agreements between employees (defined as current, former, and prospective employees or independent contractors) and an employer, including:

• employment agreements (such as those signed at the beginning of employment);
• independent contractor agreements;
• agreements to pay compensation in exchange for the release of a legal claim (settlement or severance agreements); and
• any other agreement between an employer and employee

Prohibited nondisclosure and nondisparagement provisions cover any conduct that an employee reasonably believes under Washington state, federal, or common law to be illegal discrimination, harassment, retaliation, a wage-and-hour-violation, sexual assault, or conduct that is recognized as against a clear mandate of public policy.

ESHB 1795 also defines prohibited nondisclosure and nondisparagement provisions to cover conduct that occurs at the workplace, at work-related events coordinated by or through the employer, between employees, or between an employer and an employee (whether on or off the employment premises).

No Exceptions For Settlement Agreements

ESHB 1795 is much more expansive than the...

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