Employers in California no longer can force victims of harassment or discrimination to keep quiet about those experiences.
As of Jan. 1, the “Silenced No More Act” expands state law to cover all settlement agreements regarding harassment or discrimination, closing a loophole in prior law. The new law (SB 331) bans confidentiality and non-disparagement clauses about such violations from being folded into severance agreements, building on a 2018 law (SB 1300) that banned such clauses in employment agreements.
California lawmakers who backed the law say it’s important that hostile work environments not be protected by secrecy. The various layers of legislation were sparked by the #MeToo movement, which revealed how devastating confidentiality clauses had been in perpetuating patterns of sexually inappropriate behavior.
In many cases, victims were required to sign non-disclosure or similar agreements in connections with settlement agreement or in exchange for a raise, bonus, or continued employment. But now, unlawful acts in the workplace can’t be swept under the rug. This doesn’t mean disclosure is necessary — it gives victims the freedom to choose whether to share their experiences.
Notably, these laws protect victims of harassment or discrimination based on more than sex — they also cover factors such as race, ethnicity, sexual orientation, age, disability, and religion. In addition, retaliation for reporting violations is prohibited. Employers also may be held responsible for harassment of workers even by non-employees if those in charge knew or should have known about the conduct but didn’t take swift corrective action.
If you’ve been the victim of harassment, discrimination, or retaliation in the workplace, don’t hesitate to seek legal advice. These violations are illegal and just plain wrong, and we are passionate about advocating for victims.
Start with a free consultation — the experienced employment lawyers at Keller Grover can help you understand your rights, protections, and options. In more than 25 years litigating fraud and employment cases, we have recovered hundreds of millions of dollars for clients and class members. Let us add you to that list.