Washington's "Silenced No More Act" Goes into Effect on June 9, 2022

Since 2018, Washington has prohibited employers from requiring employees to sign agreements, as a condition of employment, that prevent employees from disclosing sexual assault or sexual harassment occurring in the workplace or at work-related events.

The new law repeals and expands upon the 2018 version. Under the new law, Washington employers cannot (1) retaliate against an employee for disclosing allegations related to protected issues; (2) request an employee agree to a provision that the law prohibits; or (3) try to, threaten to enforce, or try to influence a party to comply with a provision that the law prohibits.

In this regard, the law prohibits certain topics, such as: any conduct an employee “reasonably believes” under Washington, federal, or common law to be discrimination, retaliation, harassment, a wage-and-hour violation, sexual assault, or conduct violative of public policy. This extends to allegations arising from the actual workplace and work-related events (on or off the premises) and also conduct that is coordinated by or through the employer, between employees, or between an employee and employer.

Interestingly, some exceptions exist. An employer can keep the amount of a severance or settlement confidential (though employers cannot prohibit the employee’s disclosure of allegations or the fact of the settlement). Second, employers can still protect trade secrets, IP, and confidential information that do not otherwise involve illegal conduct or prohibited conduct.

The new law applies to employment agreements, separation and severance agreements, and independent contractor agreements. However, it does not automatically invalidate prior agreements that may violate the law as long as employers (1) don’t try or threaten to enforce the otherwise illegal provisions and (2) employers comply going forward with new agreements.

The law provides a private right of action and for civil penalties of either actual damages or statutory damages of $10,000, whichever is greater. The law also provides for attorneys’ fees and costs under certain circumstances.

Because of the broad scope of the act, the severe penalties, the requirement not to enforce prior agreements, and the mandate of compliance moving forward, it is imperative that Washington employers consult with their legal advisors to ensure compliance with the new law. Mack Mayo at Piskel Yahne Kovarik PLLC has extensive experience in preparing employee handbooks, internal policies and procedures, employment agreements, independent contractor agreements, separation agreements, and severance agreements. Let us know how we can help your business do what it does best - business - while we take care of the legal work.