How Washington State’s 'Silenced No More Act' Impacts Sexual Harassment Settlements and NDAs
Under Washington's Silenced No More Act, employers cannot force you to sign a Non-Disclosure Agreement (NDA) that hides the facts of sexual harassment. You can keep the settlement amount secret, but you retain the right to speak out about the abuse itself.
For decades, victims of workplace sexual harassment in Seattle, Olympia, and across Washington State were forced into a painful compromise. To receive financial compensation for the trauma they endured, they had to sign strict Non-Disclosure Agreements (NDAs). These 'gag orders' prevented them from ever speaking about their abuse, allowing serial harassers to remain at the company and victimize others.
This is no longer the law in Washington State. The 'Silenced No More Act' radically changed the landscape of employment settlements, returning power and a voice to survivors. If your employer hands you a severance package or a settlement offer, you must understand your rights under this powerful statute. This guide explains how the law works and what employers are no longer allowed to hide.
Step-by-Step Process in Washington State Under the New Law
The Silenced No More Act is one of the strongest worker protection laws in the country. It specifically targets how companies write contracts, severances, and settlement agreements.
What the Silenced No More Act Covers
Codified in Wash. Rev. Code § 49.44.211, the law strictly prohibits any agreement that requires an employee to keep quiet about illegal acts in the workplace. This includes sexual harassment, sexual assault, wage theft, and any form of discrimination based on race, gender, or disability. If an employer includes a clause demanding you never speak about the harassment you experienced, that specific clause is legally void and unenforceable in Washington State.
Settlement Amounts vs. Facts of the Case
It is important to understand the difference between the underlying facts and the financial payout. The law allows you to speak freely about the facts of the harassment-who did it, what happened, and how the company responded. However, employers are still legally permitted to include a confidentiality clause regarding the amount of the settlement. You may be bound to keep the specific dollar figure secret, even though you can publicly discuss the abuse.
How This Changes Severance Agreements
Many workers are asked to sign standard severance agreements when they leave a company, even if they never filed a formal harassment complaint. Previously, these standard agreements included blanket non-disparagement clauses, forbidding former employees from saying anything negative about the company. Under the new law, a non-disparagement clause cannot prevent you from discussing sexual harassment. You are free to warn future employees about a toxic manager, even if you accepted a severance check.
Limits on Retroactive Application
If you signed an NDA years ago, you might wonder if you are now free to speak. Under Wash. Rev. Code § 49.44.211, the law applies retroactively to invalidate nondisclosure and nondisparagement provisions agreed to at the outset or during employment prior to June 9, 2022, across all protected categories, including sexual harassment, discrimination, retaliation, and wage theft. However, this retroactive protection does not apply to agreements specifically executed to settle a legal claim before that date. Always consult an attorney before speaking out about a closed case.
How Much Does it Cost in Washington?
If an employer violates this law by trying to enforce an illegal NDA, or forcing you to sign one, they face financial penalties.
- Statutory Damages: Under Wash. Rev. Code § 49.44.211, an employer who violates the act can be ordered to pay actual damages or statutory damages of $10,000, whichever is greater.
- Attorney Fees: If you have to hire a lawyer to fight an illegal NDA in the Thurston County Superior Court, Olympia, the law requires the employer to pay your reasonable attorney fees and court costs if you win.
- Filing Fees: Initiating a civil complaint, such as Form CICS, Washington, Superior Court, Case Information Cover Sheet, typically costs around $290.
How Long Does the Process Take?
If an employer simply hands you a severance agreement with an illegal NDA, a lawyer can review it and draft a demand letter to remove the clause within a few days. If the employer illegally sues you for breaching an invalid NDA, getting the lawsuit dismissed by a judge at the King County Superior Court, Seattle can take 3 to 6 months. A full lawsuit to collect the $10,000 statutory penalty may take 12 to 18 months.
Frequently Asked Questions (FAQ)
Can an employer refuse to settle if I won't sign an NDA?
An employer cannot make a settlement offer contingent on you signing an illegal NDA that hides the facts of sexual harassment. If they pull the offer because you refuse the illegal clause, they are violating Washington law.
Does this law apply to independent contractors?
Yes. The Silenced No More Act broadly protects employees, independent contractors, interns, and even applicants who experienced harassment during the hiring process.
Can I still choose to sign an NDA if I want privacy?
The law invalidates clauses that prevent the employee from speaking. You personally have the right to remain silent and keep your story private if you choose, but the company cannot legally force you to do so via contract.
What should I do if HR gives me a standard severance with an NDA?
Do not sign it immediately. You should have an employment lawyer from our directory review the document to ensure the clauses comply with the Silenced No More Act before you waive any of your rights.
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