The “Silenced No More Act” was enacted in 2019 as Senate Bill 820. The primary aim was to prevent employers from compelling employees to include confidentiality clauses and NDAs in settlement and severance agreements, specifically those related to instances of sexual harassment in the workplace. The act aimed to empower victims of sexual harassment by allowing them to enter into severance or settlement agreements without being required to remain silent about the harassment they experienced. Typically, confidentiality clauses and NDAs prevent individuals from discussing the agreement’s details, including any incidents of harassment.
The act sought to empower victims by enabling them to hold their abusers accountable through legal means. By removing the requirement of silence, victims could pursue legal actions and speak out about their experiences without fear of violating the terms of their severance or settlement agreements. The information provided indicates that Senate Bill 331 is an updated version of the Silenced No More Act (SB 820). While the specifics of the updates are not provided, it suggests an ongoing legislative effort to refine and improve the original act.
It’s clear that Senate Bill 331 (SB 331) is designed to strengthen and expand the scope of the “Silenced No More Act” (initially SB 820) to provide broader protections for employees in the workplace. Here are the key enhancements introduced by SB 331:
Expanded Protections Beyond Sexual Harassment
While SB 820 focused on providing protections for victims of workplace harassment based on sexual advances, SB 331 broadened the scope of protection. It now covers individuals who experience workplace discrimination and harassment that is not specifically sexual. This expansion ensures that individuals facing harassment based on other factors, such as race, gender, age, religion, pregnancy, etc., are also covered by the legislation.
Protection Against Workplace Retaliation
SB 331 includes provisions to protect employees from workplace retaliation. This means that individuals who come forward to report harassment, discrimination, or other wrongdoing in the workplace are safeguarded against adverse actions taken by their employers in response to their disclosures.
Inclusion of Whistleblower Protections
The new legislation extends protections to whistleblowers. Whistleblowers are individuals who expose illegal or unethical activities within an organization. SB 331 ensures that employees who whistle on wrongdoing are protected from retaliation.
By incorporating these additional elements, SB 331 aims to create a more comprehensive framework for safeguarding employees’ rights in the workplace, covering a wider range of discriminatory behaviors and providing mechanisms to prevent retaliation against those who speak out. These changes reflect an effort to address a broader spectrum of workplace challenges and promote a safer and more equitable work environment.
Silenced No More Act protects Whistleblowers
Whistleblowers are individuals who come forward to report illegal, unethical, or improper activities within an organization. Protections for whistleblowers typically include safeguards against retaliation by employers or colleagues for making such disclosures.
By explicitly incorporating protections for whistleblowers, the Silenced No More Act aims to encourage individuals to report misconduct without fear of adverse consequences to their careers or personal well-being. This provision is significant as it promotes transparency, accountability, and ethical behavior within the workplace.
If you have specific questions about the provisions related to whistleblowers in the Silenced No More Act, refer to the official text of the legislation or consult legal resources that provide detailed information on the act’s clauses and implications.
Prevent Employers from Imposing Certain Restrictions on Employees
Prohibited Contracts: The Silenced No More Act prohibits employers from entering into contracts with employees that prevent them from discussing illegal acts in the workplace. These acts include prohibited sexual assault, sexual harassment, workplace discrimination, and retaliation against an employee.
Unlawful Employment Practice: The legislative record emphasizes that it is considered an unlawful employment practice for an employer to require an employee to sign a nondisparagement agreement or similar document that denies the employee the right to disclose information about unlawful acts in the workplace.
Separation Agreements: The law explicitly states that it is an unlawful employment practice for an employer or former employer to include in any agreement related to an employee’s separation from employment any provision that prohibits the disclosure of information about unlawful acts in the workplace.
Nondisparagement Agreement Language: The Silenced No More Act requires that non-disparagement or other contractual provisions restricting an employee’s ability to disclose information related to workplace conditions include specific language. This language should affirm the employee’s right to discuss or disclose information about unlawful acts in the workplace, such as harassment or discrimination.
Exception for Legal Acts and Confidentiality Clauses: The law does not apply to confidentiality clauses that relate to information regarding legal acts in the workplace, such as business strategies and trade secrets. It seems to carve out exceptions for legitimate confidentiality concerns unrelated to illegal activities.
Exception for Settlement Agreements in Litigation: An exception for negotiated settlement agreements related to resolving pending litigation is made. In such cases, where there is a settlement agreement between an employer and employee involving financial compensation and an obligation on the part of the employee not to discuss the underlying acts at issue, the law does not apply.
The Silenced No More Act underscores its importance in the context of workplace disclosures and nondisclosure agreements. The Act protects employees who disclose improper workplace conduct, even if they have previously signed a nondisclosure agreement. This reinforces the idea that the Silenced No More Act’s provisions may override certain confidentiality agreement restrictions.
If you have questions about employment, separation from employment, the enforcement of nondisclosure agreements, or any other employee rights, contacting an experienced Los Angeles wrongful termination attorney from Azadian Law Group, PC, can provide clarity and guidance. If you have concerns or questions about your employment situation, taking advantage of a free consultation with the Azadian Law Group, PC, could be a proactive step to ensure you are well informed about your rights and potential legal recourse.