Bill SB.331

Overview

The "Silenced No More Act" (SB 331) is a California law that expands existing restrictions on the use of non-disclosure agreements (NDAs) in employment-related settlements. Enacted in 2021, the law prohibits employers from including confidentiality provisions that prevent employees from disclosing information about any type of harassment, discrimination, or retaliation in the workplace. ​

Origins and Rationale

Prior to SB 331, California's Stand Together Against Non-Disclosure (STAND) Act (SB 820) prohibited NDAs in settlement agreements related to sexual harassment, assault, and discrimination based on sex. However, other forms of discrimination and harassment were not covered, allowing employers to use NDAs to silence employees in such cases. The "Silenced No More Act" was introduced to address this gap, ensuring broader protections for employees. ​

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Key Provisions

• Expansion of Prohibited NDAs: The act extends the prohibition of NDAs to include all forms of harassment or discrimination under the California Fair Employment and Housing Act (FEHA), not just those based on sex. ​

• Nondisparagement Clauses: Employers are prohibited from requiring employees to sign nondisparagement agreements or other documents that would restrict their ability to disclose information about unlawful acts in the workplace. ​

• Severance Agreements: The law mandates that any agreement related to an employee's separation from employment must notify the employee of their right to consult an attorney and provide at least five business days to do so. 

Influential Figures and Advocacy

The bill was authored by California State Senator Connie Leyva. Advocate Ifeoma Ozoma co-sponsored the legislation, bringing attention to the misuse of NDAs through her own experiences in the tech industry. Their combined efforts, along with support from various advocacy groups, were instrumental in the bill's passage. ​

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Current Status

Governor Gavin Newsom signed SB 331 into law on October 7, 2021, and it went into effect on January 1, 2022. The law now provides comprehensive protections for employees, preventing the use of NDAs to conceal all forms of workplace harassment, discrimination, or retaliation. ​

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