Earlier this year, Washington state followed in California’s footsteps and outlawed most non-disclosure and non-disparagement agreements, which had become standard fare at many tech companies. It was a huge victory for worker-rights advocates, who said the gag orders helped cover up harassment and discrimination related to — among other things — race, sex or physical ability.
But for potential whistleblowers — employees who observe or experience mistreatment and want to speak out, within a company or publicly — will the new law make a difference?
Definitely, some say. Maybe not enough, say others.
In short, it’s complicated.
“Even in states with added protections, we still see a lot of potential whistleblowers who are nervous about companies finding creative legal strategies for coming after them,” said Poppy Alexander, a lawyer with Constantine Cannon who represents whistleblowers in corruption and financial misconduct cases.
But the new law may still signal a shift in the power balance between corporations and workers. Cher Scarlett, a former Apple developer who advocated for the law after speaking out about discrimination she experienced, said the law will make a big difference.
“I believe it has and will continue to make an enormous impact on liberating and empowering workers,” Scarlett told GeekWire. “Our voices are essential in balancing the power imbalances in our industries. We are giving ourselves a seat at the table when we speak out.”
Even so, some say a larger...
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