It is all too common to know someone who has experienced discrimination, harassment or other toxicity at work — or to have experienced it ourselves.

As a survivor or a witness of workplace abuse, the natural instinct is to help yourself or others by calling out the bad behavior in the hope that exposing it could deter it from happening again. But today, millions of Americans are prevented from exposing workplace toxicity due to concealment clauses in their employment contracts that stop them from confiding in anyone about what they are experiencing.

More than one-third of American workers — including tens of thousands of Virginians — are subject to nondisclosure agreements (NDAs). While there is a place for confidentiality provisions in the workplace to protect proprietary trade secrets, there is never a good reason for organizations to cover up workplace abuse. Yet this epidemic of silence is pervasive and prevents workers from sharing traumatic events with co-workers, loved ones and sometimes even therapists or clergy members. Often, these NDAs are so strict that workers cannot even disclose the reason they are silent is because they are bound by an NDA.

Now, thanks to new state legislation sponsored by Del. Eileen Filler-Corn, D-Fairfax, Virginia has a chance to join other states across the nation that have already moved to protect survivors by giving them the right to speak freely about their workplace experiences. The Silenced No More Act (HB 1895) is a game changer for anyone who simply wants to be able to go to work without fear of retaliation and legal exposure for calling out unacceptable behavior like discrimination.

This critical legislation would eradicate NDAs for all human rights violations, giving workers the right to disclose instances of toxicity. In this way, it will ensure that predators can no longer hide behind confidentiality clauses to cover up bad behavior and put their co-workers in harm’s way. It will prevent companies from secretly pushing out survivors who are exposed to toxicity, without giving them the right to confide in anyone about the real reason for their departure. It will level the playing field for those who only want to work with dignity.

Over the past several years, we have worked relentlessly to give workers back their voices and to reform outdated laws at the federal and state level that enable abusers and silence survivors. In 2022, we worked with members of Congress on both sides of the aisle, including Virginia Congressman Morgan Griffith, to ban pre-dispute NDAs for sexual harassment and assault. While this landmark federal law makes it clear that there is widespread congressional support to eradicate some silencing mechanisms in the workplace, the Silenced No More Act would do even more to protect survivors. It would ensure that no one would be silenced from reporting and exposing predatory workplace behavior, whether it is racial, gender or age discrimination, wage theft or retaliation.

The commonwealth of Virginia has the opportunity to lead on this crucial issue and show the rest of the nation that it will not tolerate the cover up of workplace abuse. We urge Gov. Glenn Youngkin and legislators on both sides of the aisle to stand with survivors and support the Speak Out Act.

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