California’s Silenced No More Act – What Employers Should Know: New California Law Expands Prohibition of Settlement NDAs

Sullivan & Cromwell LLP - October 11, 2021
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On October 7, California signed into law the Silenced No More Act, S.B. 331, which expands upon an existing California law that prohibits the use of non-disclosure agreements (“NDAs”) to settle employment claims based on sex discrimination, harassment, or retaliation to broadly prohibit NDAs in settlement agreements involving workplace harassment or discrimination on any protected basis, not solely on the basis of sex. In this memorandum, we discuss the Silenced No More Act  and its implications for settlements of harassment and discrimination claims brought by employees in California.

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