A new law in Washington state bans employers from silencing employees about illegal acts in the workplace.
The Silenced No More Act – which passed in the 2022 session – allows workers to file lawsuits for discrimination, harassment, retaliation and wage and hour violations.
It prohibits and nullifies nondisclosure agreements, or NDAs, on these issues – which the state already prohibited in sexual harassment cases.
Kelli Carson, government affairs deputy director with the Washington State Association for Justice, said nondisclosure clauses covering workplace violations are on the rise in contracts people sign at the start of a job.
“The original use of nondisclosure agreements was to protect trade secrets, and that still is in place,” said Carson. “Nothing in this bill affects that. So that’s still allowed. But in recent years, they’ve been increasing incredibly as a condition of employment.”
California has passed a similar law. In Congress earlier this year, a bipartisan effort pushed legislation across the finish line to make it easier for workers to sue employers in cases of sexual harassment.
State Rep. Liz Berry – D-Seattle – was a sponsor of the bill. She said these types of provisions are mostly used by big tech companies.
“Despite the progress we’ve made in recent years, too many workers are still forced to sign NDAs and settlement agreements that silence them,” said Berry. “This bill will allow all survivors of inappropriate or illegal workplace misconduct to...
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