Washington’s Silenced No More Act limits all Washington employers’ use of nondisclosure and nondisparagement provisions in employment agreements.
The Act (codified as RCW 49.44.211) makes it illegal for employers in an agreement to prohibit employees from discussing conduct the employee reasonably believed to be an illegal act of discrimination, harassment, retaliation, wage and hour violation, or sexual assault. With limited exceptions, any such provision to the contrary would be void and unenforceable.
The legislation applies to employees (current, former, and prospective) and independent contractors in employment agreements, independent contractor agreements, agreements to pay compensation in exchange for the release of a legal claim, or any other agreement between an employer and an employee.
The prohibited nondisclosure and nondisparagement provisions in those agreements concern “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.”
Importantly, employers may still prevent the “disclosure of the amount paid in settlement of a claim.” Employers also may continue to “protect[] trade secrets, proprietary information, or confidential information that does not involve illegal acts.”
In line with the Act’s liberal construction and remedial purpose, the legislation provides retroactive application to prior agreements. The...
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