Comment: Washington state a leader in ending silence of NDAs
By Gretchen Carlson and Julie Roginsky / For The Herald
A year ago this March, Gov. Jay Inslee signed the Silenced No More Act, which gave back survivors of sexual assault and harassment a right so fundamental that it is hard to believe it was ever denied them: their own voice.
That is because prior to this law, nondisclosure agreements (NDAs) muzzled survivors from speaking out openly about workplace abuse. The Silenced No More Act changed that in Washington state, and should serve as a model for other states that care about protecting workers from workplace toxicity.
NDAs have long been appropriately to protect trade secrets or other proprietary corporate information. But in recent decades, employers have used them to cover up toxic behavior such as discrimination, harassment, assault or retaliation. Nearly 1 in 3 American workers is bound by an NDA. Too often, these silencing provisions are buried in contracts and discovered only when a survivor wants to come forward, only to be told that they cannot breathe a word about what happened to them. Sometimes, workers must sign NDAs on the first day of work, ensuring that they lose their ability to speak about wrongdoing before it even occurs. Sometimes, they must sign them in exchange for a raise or a promotion. And sometimes, they are used as a condition of settlement or severance or even to obtain a letter of recommendation.
When workers cannot confide in their colleagues, friends or even loved ones about workplace toxicity, it only serves to protect predators at the expense of survivors. Countless people have shared their stories with us about how this inability to say a word in their own defense forced them not just from their jobs but, too often, from their chosen careers. The women, people of color and others whom these silencing mechanisms have driven from the workplace will continue to have an incalculable effect on our nation’s economy.
But not in Washington state. Washington’s Legislature has led the way in banning these harmful silencing provisions, thanks in large part to the advocacy of survivors like Cher Scarlett, a software engineer who has become a workers’ rights activist, and to the leadership of state Sen. Karen Keiser, D-Des Moines, and state Rep. Liz Berry, D-Seattle.
Other states can learn from Washington; and so can the federal government.
In December, President Biden signed the Speak Out Act, which we shepherded through Congress and which prevents employers from using predispute NDAs to stop survivors and witnesses of sexual misconduct from disclosing their experiences. And one year ago, the president signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, preventing employers from forcing workers into the secretive closed-door chamber of arbitration, instead of allowing them to seek justice in a public court of law.
But there is much more to do before the rest of the country catches up to the protections this law affords Washington state’s workers. Our fight for a more equitable workplace continues. As we advocate at statehouses and in our nation’s capital, we will point to the success of Washington state, as it celebrates the first anniversary of a law that has inspired legislators and activists all across the country.
Gretchen Carlson is a journalist, author and advocate for women’s rights whose actions against workplace harassment at Fox News helped pave the way for the global #MeToo movement. Julie Roginsky is a political consultant and advocate of women’s rights, who sued Fox News for sexual harassment and retaliation. Together, they are co-founders of the nonprofit Lift Our Voices, dedicated to eliminating forced arbitration and NDAs for toxic workplace issues.
Gretchen Carlson is a journalist, bestselling author and internationally recognized advocate for women’s rights whose bold actions against workplace harassment at Fox News helped pave the way for the global #MeToo movement. Julie Roginsky is a political consultant and advocate of women’s rights, who sued Fox News for sexual harassment and retaliation. Together, they are co-founders of the nonprofit Lift Our Voices, dedicated to eliminating forced arbitration and NDAs for toxic workplace issues.
BY GRETCHEN CARLSON AND JULIE ROGINSKY, JANUARY 23RD, 2023