The Bill Would Nullify Most Ndas Allowing Workers to Speak Out About Abuse and Discrimination
On October 7, 2021, California Governor Gavin Newsom signed Senate Bill 331 into law. The law, which will take effect on January 1, 2022, will effectively prohibit employers from requiring an employee to sign a nondisparagement agreement about harassment or discrimination that occurred in the workplace.
At Levin & Nalbandyan, LLP, we represent individuals that have been subject to abuse or discrimination at work. We believe that passage of this bill is critical to protecting workers and ensuring that victims of workplace harassment are heard.
Contact our office today to discuss your rights if you were subjected to harassment or discrimination at work. Call (213) 232-4848 now to speak with a lawyer and determine if you should take legal action against your employer.
How the “Silenced No More Act” Will Affect Californians
SB 331, now referred to as the “Silenced No More Act,” will afford workers additional protections if they were harassed or discriminated against on the job. The bill amends certain sections of the Code of Civil Procedure and Government Code in the state.
Prior to the passage of this law, employers could settle a workplace discrimination or harassment claim and require that the worker sign a nondisparagement agreement, non-disclosure agreement (NDA), or other document preventing the worker from speaking out about the abuse.
Existing law allowed workers to speak out about acts of sexual assault and sexual harassment, even if they entered into a settlement agreement with the company.
Expanding Protections for Workers
The “Silenced No More Act” prohibits employers from requiring workers to sign these agreements when the claim is based on any form of discrimination or harassment in the workplace, not just sexual harassment. By signing this piece of legislation into law, more workers will be heard, and more light will be shed on these atrocious acts.
Effective January 1, companies are prohibited from placing a provision in a settlement agreement that would prevent or restrict a person from disclosing factual information related to any acts of workplace harassment or discrimination. It also allows workers to speak out about a company’s failure to prevent these acts or any acts of retaliation.
Provisions prohibiting a worker from disclosing factual information about workplace harassment or discrimination are unlawful and unenforceable under the new law. The bill is an important victory for victims of workplace injustice and a critical step forward in ensuring that corporations are held accountable for their wrongdoing.
Get Justice Today
At Levin & Nalbandyan, we believe that victims of workplace harassment and discrimination should never be silenced. We are dedicated trial lawyers that work tirelessly to obtain justice for our clients that have been subjected to unfair treatment, retaliation, or abuse.
Contact our office today at (213) 232-4848 for a free, no-obligation consultation. Let us help you fight against injustice in the workplace. We handle cases on a contingency fee basis, meaning there are no fees unless we win. Our legal team has decades of experience and has successfully recovered millions for clients throughout California.
