(The Center Square) – Nondisclosure and non-disparagement agreements between employers and employees are prohibited in Washington as of June 9 under new state law. Existing agreements also are declared void and unenforceable.
The “Silenced No More Act,” passed this year, strengthens existing whistleblower protections for workers.
According to the Legislature, such agreements, increasingly required by employers, “perpetuate illegal conduct by silencing those who are victims or who have knowledge of illegal discrimination, illegal harassment, illegal retaliation, wage and hour violations, or sexual assault.”
That undercuts a clear state and federal interest in uncovering illegal activity in the workplace, the law’s rationale says.
Employers often require such agreements when settling claims of misconduct. Employers may agree to pay a settlement on the condition that the employee not reveal details of the case. With the case settled, the employer may then fail to remedy the problem.
“Employers that are playing by the rules aren’t really going to be affected very much at all. It’s the repeat offenders that are going to have trouble,” said employment attorney Kathy Barnard according to Law360.
In a possible sign that the law may be affecting employer conduct, Microsoft announced a series of policy changes concerning non-competition clauses, confidentiality agreements in dispute resolution, pay transparency and civil rights audit procedures.
The changes were announced on June 9...
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