Bar Bulletin

Bar Bulletin

Silenced No More

May 2022 Bar Bulletin

By Nick Morton

Two new pieces of legislation enacted in March 2022 have changed the landscape of confidentiality in the employment relationship in Washington. On March 24, 2022, Governor Inslee signed into law Washington’s “Silenced No More Act,” prohibiting employers’ use of non-disclosure agreements (“NDAs”) and nondisparagement agreements to prevent employees from speaking publicly about certain workplace disputes. This development comes on the heels of a related action at the federal level. On March 3, 2022, President Biden signed into law HR 4445, which prohibits pre-dispute arbitration agreements for sexual harassment and assault claims.

These two laws are examples of a nationwide effort, with roots in the #MeToo movement, to...

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