New law restricts WA employers from using nondisclosure, nondisparagement agreements

Governor Jay Inslee signed the Silenced No More Act (Engrossed Substitute House Bill 1795) into law on March 24, 2022, making Washington the second state in the nation after California to prohibit employers from using certain nondisclosure and nondisparagement provisions in employment agreements. Employers should take immediate steps to come into compliance.

How is this law different than the 2018 version?

Since 2018, Washington has prohibited employers from requiring employees to sign agreements, as a condition of employment, that prevent them from disclosing sexual assault or sexual harassment occurring in the workplace or at work-related events. The 2018 law (RCW 49.44.210) excepted settlement agreements between an employer and an employee or former employee alleging sexual harassment.

Under the newly enacted law, which repeals the 2018 version, that prohibition extends to settlement agreements, additional types of allegations, and agreements with independent contractors. It also eliminates the 2018 exception for certain employees expected to maintain confidentiality in the course of their job duties, or for individuals participating in an ongoing investigation.

What conduct is prohibited under the new law?

Washington employers are prohibited from: