Your Right to Speak Up About What Happened to You at Work
Key Takeaways: California’s Silenced No More Act (SB 331), effective January 1, 2022, limits employers’ use of nondisclosure and non-disparagement provisions that would stop workers from discussing conduct they reasonably believe is unlawful. It expanded FEHA protections beyond sexual harassment to cover discrimination, harassment, and retaliation tied to any protected characteristic, making offending provisions unenforceable under Cal. Gov. Code § 12964.5. Employers offering separation agreements must notify employees of their right to consult an attorney and provide at least five business days to do so. The law still allows confidentiality about severance amounts, protection of trade secrets, lawful general releases, and negotiated confidentiality in settlements of already-filed claims. Case value typically comes from the underlying harassment, discrimination, or retaliation, and FEHA claims require exhausting administrative remedies within strict deadlines.
California’s Silenced No More Act (SB 331) limits employers’ ability to use nondisclosure and non-disparagement provisions to prevent workers from discussing conduct they reasonably believe is unlawful. Effective January 1, 2022, it operates through FEHA, covering harassment, discrimination, and retaliation claims. If your employer asks you to sign a separation agreement that would silence you about discrimination or harassment you experienced or witnessed, that provision is generally unenforceable under Cal. Gov. Code § 12964.5, subject to the statute’s exceptions.
If you were handed an agreement that felt designed to buy your silence, you deserve a clear read on what it can and cannot do. The attorneys at Moore Ruddell LLP represent employees across Southern California in harassment, discrimination, and retaliation litigation. Call (310) 792-7010 or contact us now to schedule a free consultation.
Why Did California Pass the Silenced No More Act?
The law grew directly out of the #MeToo movement and the recognition that secret settlements were shielding repeat offenders. SB 331 builds on SB 820 (the STAND Act), which California passed in response to #MeToo. Where SB 820 focused primarily on sexual harassment and sex-based claims, SB 331 widened the scope considerably.
Senator Connie Leyva, the bill’s author, stated that "no worker should ever be silenced from speaking out about their own experience of harassment or discrimination in the workplace," and that secret settlements "reinforced a culture of secrecy that prevents accountability." Governor Gavin Newsom signed the measure, broadening FEHA’s protections against overbroad employment agreements.
Employees often report something serious, receive a settlement offer, and find paperwork containing clauses so broad they seem to forbid ever mentioning the company again. Understanding what the statute actually permits changes the negotiation entirely.
What Does the Silenced No More Act in California Actually Prohibit?
The statute reaches three distinct moments: during employment, at separation, and in settlement. Under Cal. Gov. Code § 12964.5(a), employers cannot require employees to sign a release of FEHA claims or rights, or sign a nondisparagement agreement or other document that denies the right to disclose unlawful workplace acts in exchange for a raise, bonus, or as a condition of employment. Such agreements are contrary to public policy and unenforceable.
Under Cal. Gov. Code § 12964.5(b)(1)-(2), employers cannot include in separation agreements provisions prohibiting disclosure of unlawful workplace acts. Any such provision is against public policy and unenforceable.
How Broadly Is "Unlawful Acts in the Workplace" Defined?
Broadly, and that breadth is the heart of the reform. Cal. Gov. Code § 12964.5(c) states that information about unlawful acts in the workplace "includes, but is not limited to, information pertaining to harassment or discrimination or any other conduct that the employee has reasonable cause to believe is unlawful." The statute expanded prior law to reach all claims of workplace discrimination, harassment, or retaliation, not only sexual harassment.
Workers who believe they were passed over due to age, terminated after reporting racial slurs, or demoted after requesting disability accommodation generally fall within the same protective umbrella. The full text of California Government Code 12964.5 sets out the operative language.
What Notice Rights Do You Have Before Signing a Separation Agreement?
You are entitled to time and to counsel. Under Cal. Gov. Code § 12964.5(b)(4), employers offering separation agreements must notify employees of the right to consult an attorney and provide at least five business days to do so. Employees may knowingly and voluntarily sign sooner, but employers must offer this window.
Five business days is a floor, not a ceiling. Other laws, such as federal OWBPA for workers over 40 releasing age claims, can require longer periods. Employees who use this window rather than signing under pressure end up with far better information about what they’re giving up.
💡 Pro Tip: Ask for the agreement in writing and take it home. A verbal summary from a manager is not the agreement, and the operative language is what a court would later interpret.
What Does SB 331 Not Cover?
The Act has real limits. Cal. Gov. Code § 12964.5(d), (e), and (f) carve out several categories:
- The section does not apply to negotiated settlement agreements resolving underlying FEHA claims that employees have filed in court, before an administrative agency, in alternative dispute resolution, or through the employer’s internal complaint process.
- It does not prohibit provisions precluding disclosure of severance amounts.
- It does not prohibit employers from protecting trade secrets, proprietary information, or confidential information that does not involve unlawful workplace acts.
- Under Cal. Gov. Code § 12964.5(b)(3), it does not prohibit general releases or waivers of all claims in separation agreements, provided the release is otherwise lawful and valid.
The first carve-out surprises people. If you have filed a claim or raised it through internal processes, parties may negotiate confidentiality as part of resolution, though the agreement must still be voluntary, supported by valuable consideration, and provide notice and opportunity to retain counsel.
| What Employers May Still Do | What Employers Generally May Not Do |
|---|---|
| Keep the settlement dollar amount confidential | Bar you from describing harassment or discrimination you experienced |
| Protect genuine trade secrets and proprietary data | Condition a raise or bonus on signing a gag clause |
| Obtain a lawful, valid general release of claims | Insert a separation provision silencing unlawful workplace conduct |
| Negotiate confidentiality in a filed-claim settlement | Deny you at least five business days to consult counsel |
How Does the Civil Rights Department Interpret These Rules?
California’s Civil Rights Department published official guidance on these provisions. In November 2022, the CRD released frequently asked questions providing guidance on California’s limitations on confidentiality and non-disparagement clauses following SB 331’s January 1, 2022 effective date.
CRD Director Kevin Kish stated the department is committed to "ensuring that victims of all forms of harassment and discrimination can speak out," noting that the "#MeToo movement led to changes in California law intended to end the silencing of victims." The department’s guidance on non-disparagement clauses is explanatory agency material, not binding on courts, but helps interpret the statute.
Does the Act Alone Give You a Lawsuit?
Not by itself in most cases. SB 331 protections primarily render offending provisions unenforceable, though subdivision (a) defines certain employer conduct, such as conditioning employment benefits on gag clauses, as an unlawful employment practice under FEHA. Even so, case value almost always comes from substantive misconduct: harassment, discriminatory termination, or retaliation after complaints.
Not every unpleasant workplace experience becomes a viable claim. Courts look for adverse employment actions connected to protected characteristics or protected activity, supported by evidence. Before filing FEHA lawsuits, California employees must generally exhaust administrative remedies by filing with the Civil Rights Department and obtaining a right-to-sue notice, generally within three years from the alleged unlawful conduct to file with CRD and one year from the right-to-sue notice to file suit.
Can You Be Punished for Speaking Out Anyway?
Retaliation for protected activity remains independently actionable under FEHA. California is at-will, but at-will status does not protect employers that terminate someone for illegal reasons. Terminations violating fundamental public policy grounded in constitutional, statutory, or regulatory provisions may also support separate Tameny claims distinct from FEHA causes of action.
If you’ve signed something and are worried about consequences of speaking, review your rights around confidentiality in harassment complaints before acting. Unenforceable clauses can still chill behavior until someone tells you they cannot be enforced.
💡 Pro Tip: Preserve your documents. Offer letters, handbooks, proposed agreements, emails, and text messages often become the backbone of workplace misconduct disclosure cases.
Frequently Asked Questions
1. Does the Silenced No More Act apply retroactively to agreements I signed before 2022?
The statute took effect January 1, 2022, and generally applies to agreements entered on or after that date. Earlier agreement enforceability depends on prior law, including SB 820 for sex-based claims, and specific language used.
2. Can my employer still keep my severance amount confidential?
Yes. Cal. Gov. Code § 12964.5(e) permits provisions precluding disclosure of severance amounts. Severance confidentiality as to dollar figures is treated differently from silence about unlawful conduct.
3. What if I already signed a broad nondisclosure agreement?
Provisions violating Cal. Gov. Code § 12964.5 are against public policy and unenforceable. However, agreements often contain severability clauses and multiple obligations, so other portions may remain binding.
4. Do these protections apply to independent contractors?
Section 12964.5 addresses employer-employee relationships, so coverage turns on classification. Misclassification is common, and workers labeled contractors may still qualify as employees under California standards. FEHA’s harassment protections separately extend to certain non-employees, including contractors.
5. How do I know if my situation is worth pursuing?
Viability turns on conduct seriousness, available evidence, harm suffered, and timing. An initial consultation with a California employment attorney provides that assessment.
Protecting Your Voice and Your Claim
The Silenced No More Act restored employees’ ability to describe what actually happened to them. SB 331 expanded FEHA’s limits on gag provisions to cover discrimination, harassment, and retaliation of every protected-characteristic variety, voided offending provisions in employment and separation agreements, and guaranteed at least five business days to consult counsel. It did not eliminate legitimate confidentiality around settlement amounts or trade secrets, and it did not turn every workplace grievance into a lawsuit. Our silenced no more act california lawyer team evaluates these documents alongside underlying misconduct, because the two questions are inseparable.
If an employer is pressuring you to sign away your right to speak, get answers before the deadline passes. Reach out to our Southern California employment attorneys at Moore Ruddell LLP by calling (310) 792-7010 or using our confidential case review form to schedule a free consultation.
