Non-disclosure and non-disparagement clauses in settlements following workplace disputes and in employee contracts would be banned under legislation proposed Friday by New York lawmakers.
The measure is meant to build on anti-sexual harassment legislation approved in recent years as well as provide more protections for survivors and victims of harassment in the workplace.
Lawmakers in recent years have sought to address non-disclosure agreements in worker contracts and settlements that can prevent former employees from speaking out.
“As we’ve seen in recent years, employers across all sectors in New York frequently weaponize non-disclosure agreements to silence employees who’ve experienced workplace harassment or discrimination," said Assemblymember Jessica González-Rojas, a Democrat sponsoring the legislation. "Employers also use NDAs to deter new hires from speaking out about potential future harm. With this new bill, employers will no longer be allowed to do either and survivors will cease to be silenced."
The bill would bar employers from using non-disclosure agreements or non-disparagement clauses in a waiver, settlement, agreement or similar resolutions. The agreements can still include language that would bar employers from revealing the identities of employees or the circumstances surrounding the complaint in order to preserve privacy for victims.
"NDA's silence victims of harassment and discrimination plain and simple," said Sen. Andrew Gounardes. "They protect abusers and prevent employees from sharing information that can protect them from future harm. The Stop Silencing Survivors Act will finally put an end to this predatory practice and allow for survivors to have authority over their own trauma."
The bill has the backing of the Sexual Harassment Working Group, which is composed of former state government staffers.
"Survivors and whistleblowers should not be forced to sacrifice their voices in order to move on with their lives," the group said in a joint statement. "The Stop Silencing Survivors Act finally gives workers the agency to privacy on their terms, restoring their right to be the owners of their own experiences by allowing them to speak publicly about what happened to them, if and when they are ready."