On June 7, 2018, Washington enacted a new law that is designed to empower sexual harassment and assault victims in the workplace.
Here’s what the law says:
RCW 49.44.210: Employers may not force employees to sign anything that “prevents the employee from disclosing sexual harassment or sexual assault occurring in the workplace, at work-related events, or between employees, or between an employer and employee, off the employment premises” “as a condition of employment.”
Any document “that has the purpose or effect of preventing the employee from disclosing or discussing sexual harassment or sexual assault… is void and unenforceable.”
The law doesn’t grandfather in older documents from before June 7, 2018. The law covers all agreements regardless of when they were executed.
Here’s what the law means:
Employers can’t force employees to sign nondisclosure agreements or any other kind of agreement as a condition of employment if the agreement has the purpose or effect of later preventing that employee from talking about work-related sexual harassment or assault.
In essence, the promise of employment is not enough consideration for silence. It’s the same for other employment agreements: the promise of continued employment for a worker who is already employed is not enough consideration for a non-compete agreement.
Does this new law invalidate my independent contractor or employment contracts?
Probably not, but this new law creates many questions that won’t be answered until they’re litigated in Washington courts.
As of this writing, we think that all of our nondisclosure agreements, independent contractor agreements, and employment agreements are in the clear because they don’t have the purpose or effect of preventing employees from disclosing harassment. All of our documents are aimed at preventing employees from undermining or stealing your business.
Is this a good law?
We think it’s a good start. We can all agree that sexual harassment and assault have no business in the workplace, but this law leaves many loopholes and unanswered questions. Employers can still force employees to sign nondisclosure agreements in exchange for monetary settlements. Employers can offer other consideration or perks in exchange for silence. Practically speaking, this law doesn’t change how bad actors do business.
