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Workers Silenced No More in Washington State discrimination Cases

    Washington state became the second in the nation to pass the HB 1795 - 2021-22 also known as the Silenced No More Act on Thursday (March 3, 2022). The new bill bars employers in the state from using non-disclosure agreements (NDAs) to prevent workers from talking about instances of illegal harassment - including sexual harassment - discrimination, retaliation, sexual assault and wage violations.
Despite the fact that the law has been moving in this direction for some time,(they were already banned in cases against the government as agaisnt public policy) defendant corporations and defense attorneys treat NDAs as "standard" and insist on them in every case. Some will argue that this will make cases harder to settle. That the defense only settles to get the NDA. I do not think this is true, I believe these NDAs are an abusive tactic to punish Plaintiff's for coming forward, to keep the company's wrongdoing quiet so they do not have to face the public scrutiny for, or bear the full responsibility of, their actions. 
I have fought these non-disclosure agreements and won, and I have fought them and lost. Though I rejoice at their demise, I am saddened for every plaintiff who remains bound by such an agreement. Perhaps the next bill will make this one retroactive? 


Read more about one of the bill's supporters, Liz Berry, here and read the bill here. 

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