{"id":5073,"date":"2025-09-22T20:59:26","date_gmt":"2025-09-22T20:59:26","guid":{"rendered":"https:\/\/shegerianconniff.com\/?p=5073"},"modified":"2025-09-22T20:59:26","modified_gmt":"2025-09-22T20:59:26","slug":"use-of-ndas-gag-orders-in-harassment-claims-whats-legal-and-whats-not","status":"publish","type":"post","link":"https:\/\/shegerianconniff.com\/dev\/use-of-ndas-gag-orders-in-harassment-claims-whats-legal-and-whats-not\/","title":{"rendered":"Use of NDAs & Gag Orders in Harassment Claims: What\u2019s Legal and What\u2019s Not"},"content":{"rendered":"

With the advent of the \u201cMe Too\u201d movement, more women are speaking up about the situations they face both inside and outside the workplace. The media has shared details on many cases where a woman or a man has faced sexual or other forms of harassment and abuse in the workplace<\/a>.<\/span><\/p>\n

For many years, people stayed quiet about the harassment they experienced. They accepted the abusive, controlling behavior and never spoke up. As more people speak out, one area that must be considered is the use of gag orders and nondisclosure agreements (NDAs) to keep people silent. If you file a harassment claim, can your employer force you to stay silent about the settlement offer or court-ordered damages?<\/span><\/p>\n

The Differences Between NDAs and Gag Orders<\/span><\/h3>\n

When you file a complaint against your employer for harassment, there\u2019s a chance your employer will try to add a gag order or NDA.\u00a0<\/span><\/p>\n

Gag Orders<\/b>: Specific clauses preventing you from discussing the details or facts of the case. For example, a clause might forbid you from talking to the press after a settlement offer is agreed upon.<\/span><\/p>\n

NDAs<\/b>: General agreements that prevent you from sharing any confidential information. Often, gag orders are part of an NDA. For example, the agreement in a settlement offer requires you to remain silent and never tell anyone.<\/span><\/p>\n

Introducing the STAND Act and the Silenced No More Act<\/span><\/p>\n

Two California laws protect workers from NDAs and gag orders in certain situations.\u00a0<\/span><\/p>\n

1. The STAND Act (SB 820)<\/span><\/p>\n

California enacted the Stand Together Against Non-Disclosure (STAND) Act in 2018. It aimed to stop silencing the resolutions involving abuse, discrimination, and harassment cases. SB 820 ended the use of secretive settlements to keep workers from revealing that they were sexually harassed or discriminated against.<\/span><\/p>\n

When an actress filed a complaint of sexual harassment against her co-star on a popular TV show, CBS paid her $9.5 million, but she had to sign an agreement promising to stay silent after her termination. In that case, which goes back to 2017, she had to agree to stay silent. It\u2019s cases like that that led to the STAND Act.<\/span><\/p>\n

2. The Silenced No More Act (SB 331)<\/span><\/p>\n

Two years later, the Silenced No More Act was introduced. The STAND Act protected people in some cases, but it didn’t cover harassment with all protected classes. Two were able to talk about their issues with gender discrimination in the workplace, but they were not protected against speaking out about the racial discrimination they also experienced.<\/span><\/p>\n

The Silenced No More Act went into effect in 2022 and protects against non-disclosures in any workplace harassment or discrimination complaint in any protected group, separation (termination) agreement, or employment contract, including:<\/span><\/p>\n