On March 24, 2022, Washington Governor Jay Inslee signed "Silenced No More," E.S.H.B. 1795, a sweeping bill that applies to employment, settlement, and severance agreements and prohibits attendant nondisclosure or nondisparagement provisions which restrict employees from disclosing or discussing violations of clear mandates of public policy, discrimination, harassment, retaliation, and wage and hour infractions.

The Silenced No More Foundation heavily championed the draft legislation, which California also recently adopted, and trade groups staunchly opposed. Employers should update employment-related agreements with nondisclosure or nondisparagement terms now to avoid hefty statutory damages later for noncompliance of $10,000 or actual civil damages, whichever is greater.

The law is effective June 9, 2022.

What Employers Need to Know

Amid #MeToo, Washington previously passed S.B. 5996 which restricted employers from requiring that, as a condition of employment, employees sign a nondisclosure agreement which restricted their ability to disclose workplace sexual harassment and assault. But "Silenced No More" goes further.

Not only are most employment-related agreements covered—including settlement and severance agreements—many types of employment-related claims encompassing a wider range of workplace conduct must remain open for disclosure and discussion, acutely limiting the use of common nondisclosure and nondisparagement provisions.

Specifically, employers should note...

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