California Takes Bold Stand Against Workplace Silence

A monumental shift is on the horizon for California workplaces, poised to dismantle the pervasive culture of silence that has long protected perpetrators of harassment and discrimination. California lawmakers have given their resounding approval to Assembly Bill 2770, a groundbreaking piece of legislation that seeks to outright ban pre-dispute non-disclosure agreements (NDAs) specifically in cases involving workplace harassment or discrimination.

This decisive move is a testament to the state's ongoing commitment to empowering employees and fostering environments where accountability, not secrecy, reigns supreme.

At its core, AB 2770 targets what many critics have dubbed "silence clauses" – agreements employers often require employees to sign at the outset of their employment or as a condition of continued work.

These clauses, by their very nature, would prohibit workers from discussing future acts of harassment or discrimination before any dispute even arises. The bill’s passage through both the Assembly and Senate marks a significant legislative victory, sending a clear message that the right to speak out against misconduct should never be pre-emptively surrendered.

This latest legislative effort isn't an isolated incident but rather builds upon a foundational shift initiated by previous, impactful laws.

Most notably, SB 331, known as the "Stand Act" or the "Silenced No More Act," which took effect in 2022, already limited the use of NDAs in settlement agreements for cases of harassment, discrimination, and retaliation. While SB 331 prevented employers from silencing victims after a dispute had been resolved, AB 2770 takes this protection a crucial step further, addressing the agreements signed before any incident occurs.

It's a proactive measure designed to prevent the chilling effect of pre-emptive silence.

The intent behind AB 2770, authored by Assemblymember Cottie Petrie-Norris, is unequivocal: to level the playing field for employees. Proponents argue that these pre-dispute NDAs have historically served as a powerful tool for employers to suppress allegations, enabling harmful behavior to persist unchecked.

By removing this barrier, the bill aims to embolden victims to come forward without fear of legal repercussions for simply speaking their truth. This increased transparency is expected to lead to more timely reporting, thorough investigations, and ultimately, safer workplaces for everyone.

While the bill enjoys broad support from employee advocacy groups and those championing workplace fairness, it has not been without its detractors.

Organizations like the California Chamber of Commerce have voiced concerns, arguing that AB 2770 could lead to a surge in frivolous lawsuits and encourage public accusations before internal investigations can be properly conducted. They suggest that such legislation could create an overly hostile environment for businesses, potentially harming California's economic landscape.

However, supporters counter that the legitimate need for protection against genuine harassment and discrimination far outweighs these speculative concerns, particularly given that the bill explicitly does not impact NDAs related to trade secrets or proprietary information.

Having cleared the legislative hurdles, AB 2770 now lands on the desk of Governor Gavin Newsom.

Should he sign it into law, the provisions will take effect on January 1, 2025. This move would solidify California's position as a national leader in safeguarding employee rights and promoting an ethical, transparent workplace culture. The potential signing of AB 2770 signifies more than just a legal amendment; it represents a cultural shift, affirming that no employee should ever be forced to sign away their right to speak up against injustice, even before it happens.