Overview:

Washington State’s Silenced No More Act (RCW 49.44.211), enacted in June 2022, significantly expands worker protections by prohibiting employers from using nondisclosure and nondisparagement agreements to silence employees who experience illegal behavior in the workplace. The act follows Washington’s earlier 2018 law that restricted NDAs in sexual harassment cases, extending those protections to include discrimination, retaliation, wage violations, and more.

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Key Provisions:

• Washington’s Silenced No More Act represents one of the most comprehensive bans on nondisclosure and nondisparagement agreements in the United States. The law prohibits employers from requiring employees, independent contractors, or even job applicants to sign agreements that would prevent them from speaking about illegal workplace conduct. This includes—but is not limited to—discussions about harassment, discrimination, retaliation, sexual assault, and wage violations.

• Importantly, the law also voids any existing contracts that contain such silencing clauses, making its impact retroactive. This means that survivors or whistleblowers who previously signed NDAs that fall within the scope of the law are no longer bound by those agreements. Employers are further prohibited from retaliating against anyone who chooses to speak out about unlawful behavior they’ve experienced or witnessed. In doing so, the law not only restores workers’ rights but actively protects them from further harm.

• By shifting the balance of power away from institutions and toward those who have been silenced, the law acknowledges that transparency is not only a legal right—it’s a vital tool in preventing harm and building safer workplaces. The Silenced No More Act ensures that no employer can hide behind legal paperwork to escape accountability for misconduct.

 

Legislative History:

Washington's Silenced No More Act was introduced in early 2022 amid growing calls for systemic change in how employers and institutions handle workplace misconduct. The bill was led by State Senator Karen Keiser and Representative Liz Berry, both known for their commitment to workers’ rights, gender justice, and public accountability. Survivors, advocacy groups, and labor organizations played a crucial role in shaping the conversation, sharing personal stories and urging lawmakers to end the culture of silence.

 

The legislation passed through both chambers of the Washington State Legislature in March 2022 with bipartisan support, reflecting a shared understanding that the legal system had too often been used to shield abusers and silence victims. Governor Jay Inslee signed it into law on March 24, 2022.

 

The law officially went into effect on June 9, 2022, marking a powerful turning point for workplace transparency in the United States. It sent a clear message: no employer in Washington can use legal documents to erase the truth or silence those brave enough to speak it.

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Implications for Survivors and the Restitution Project:The Silenced No More Act is one of the most comprehensive laws in the United States in terms of restoring the power of workers to speak out. It reflects The Restitution Project’s core principles by ensuring that employers can no longer use legal tools to coerce silence and avoid accountability. It is a powerful model for federal reform and for replication across other states.