Silenced No More Act

In Washington State, RCW 49.44.211, also known as the Silenced No More Act, represents a significant advancement in employee rights and workplace transparency. This law, effective from June 9, 2022, grants employees several crucial rights and remedies, aiming to curb the culture of silence around illegal conduct within the workplace. Here's a breakdown of the key provisions and protections under this law:

Essential Rights Under RCW 49.44.211

Prohibition of Certain Agreements: The law voids any nondisclosure or nondisparagement agreements between employers and employees that prevent the employee from disclosing conduct they believe to be illegal. This includes illegal discrimination, harassment, retaliation, wage and hour violations, and sexual assault, as well as violations against a clear mandate of public policy.

Scope of Prohibited Conduct: The prohibited conduct includes actions occurring in the workplace, at work-related events coordinated by or through the employer, between employees, or between an employer and an employee, whether on or off the employment premises.

Protection Against Retaliation: Employers are prohibited from retaliating against employees for disclosing or discussing conduct they reasonably believe to be illegal under state, federal, or common law, or against public policy. This includes firing, demoting, or discriminating against employees for such disclosures.

Penalties for Violation: Employers who violate these provisions after June 9, 2022, may face significant penalties, including actual or statutory damages of $10,000 or more, as well as reasonable attorneys' fees and costs.

Retroactive Application: In a bid to protect more individuals, the act is retroactive from June 9, 2022, specifically to invalidate prohibited nondisclosure or nondisparagement provisions in agreements made before this date.

Remedies Provided to Employees

The Silenced No More Act provides a civil cause of action for employees who are subjected to prohibited conduct, including the enforcement or attempt to enforce a banned agreement. This means that affected employees can sue their employer for violations and may recover damages, including statutory damages of at least $10,000, and potentially more based on actual harm, in addition to attorneys' fees and costs. This provision serves as both a remedy for affected employees and a deterrent against employers considering the implementation of such prohibited agreements.

Impact and Compliance

The passage of RCW 49.44.211 in Washington State serves as a testament to the growing recognition of the importance of transparency, accountability, and employee rights in the workplace. It underscores a strong public policy in favor of the disclosure of illegal conduct in the workplace and reflects societal shifts in response to movements like #MeToo, which have called for greater protection against workplace misconduct. Employers in Washington State should review and, if necessary, update their severance and employment agreements to comply with these new requirements to avoid the hefty penalties associated with non-compliance.