Washington Silenced No More Act

What Does the “Silenced No More Act” Mean for Workers in the State of Washington?

Nondisclosure and nondisparagement provisions are a thing of the past in agreements between employers and employees when it comes to “illegal acts of discrimination, harassment, retaliation, wage and hour violations, and sexual assault” in the state of Washington, thanks to the Engrossed Substitute House Bill or HB 1795.

What is covered under Washington state’s Silenced No More Act?

HB 1795 covers nondisclosure and nondisparagement provisions with “conduct that occurs at the workplace, at work-related events coordinated by or through the employer, between employees, or between an employer and an employee, whether on or off the employment premises.” The term employee in this case refers to current, former, prospective employee, or independent contractor.

The bill specifically applies to “employment agreements, independent contractor agreements, agreements to pay compensation in exchange for the release of a legal claim, or any other agreement between an employer and an employee.” Keep in mind, that employers may still prevent the “disclosure of the amount paid in settlement of a claim.” and may still “protect trade secrets, proprietary information, or confidential information that does not involve illegal acts.”

Washington state Governor Jay Inslee signed the bill on March 24, 2022, making Washington the second state to pass a Silenced No More Act. California was the first to pass a similar law, also called Silenced No More, which was enacted in January 2022.