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One to Keep An Eye On: Silenced No More Act (California)

 

As with many labor & employment law related cases (and bills) being litigated around the country, there are always a few that stand out.  This is one to keep an eye on.


The California Legislature recently advanced the Silenced No More Act (aka SB 331) to Governor Gavin Newsom’s desk for signature.  The legislation would prohibit non disclosure provisions in a settlement agreement that relate to sexual harassment.

Under current California law, non disclosure provisions in a settlement agreement are prohibited to the extent they prevent the disclosure of factual information in regard to specified acts related to a civil claim or complaint filed in an administrative proceeding.  Currently, the “specified acts” include sexual assault; sexual harassment; workplace harassment or discrimination based upon sex, failure to prevent such an act, or retaliation against a person for reporting such acts; and harassment or discrimination based on sex by the owner of house accommodation, or retaliation against a person for reporting such an act.

The Silenced No More Act takes things one step further by prohibiting inclusion of non disclosure provisions in settlement agreements that restrict or prevent the disclosure of factual information of claims relating to all forms of harassment, discrimination, and retaliation…not just sex as currently in place.

It is expected that Governor Newsom will sign the Silenced No More Act into law shortly…perhaps before the recall election next week.


For additional information:  https://www.washingtonpost.com/technology/2021/09/09/silenced-no-more-act-goes-global/

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