UNITED STATES
Silenced No More Act
On January 1st 2022 the Silenced No More Act passed in the state of California. This Bill was co sponsored by CBMS ally Ifeoma Ozoma and bans confidentiality provisions in settlement agreements relating to any type of harassment, discrimination or retaliation at work. It also prohibits the use of non-disparagement provisions in other types of employment agreements, including separation agreements. In March 2022 a similar Bill HB 1795 was passed in Washington state making it the second U.S state to adopt the Silenced No More Act.
Speak Out Act
In November 2022 President Biden signed into law the Speak Out Act which prohibits the judicial enforceability of a nondisclosure clause or nondisparagement clause agreed to before a dispute arises involving sexual assault or sexual harassment in violation of federal, tribal, or state law. This act came into being due to the incredible work of CBMS allies Gretchen Carlson and Julie Roginsky of Lift our Voices.
American state legislative tracker:
State legislation variously dealing with NDAs, sexual harassment and discrimination in the workplace has been passed in at least 20 US states and is proceeding in several others. Please see below: