California Gov. Gavin Newsom signed the Silenced No More Act — a historic piece of legislation written by state Sen. Connie Leyva (D-Chino) — on Thursday night that would protect employees who speak publicly about harassment and discrimination, even if they have signed a nondisclosure agreement (NDA).
Pinterest's whistleblower, Ifeoma Ozoma, began pushing for the bill last year after she made allegations of racism against the tech company. She knew she was partially protected by the Stand Together Against non-disclosures act, a me-too-era law that prohibited the use of NDA in sexual harassment cases, but quickly realized that the act did not provide protection for other forms of abuse or discrimination.
Now, that's changing. Employees in California will be protected by law for speaking out discrimination based on race, religion, sexual orientation, gender identity, ancestry, disability, and age. You can see the details of these changes here.
The law could have a huge impact on the tech industry, which is known for having employees sign up to highly restrictive NDAs. While it only protects employees in California, Ozoma has plans to expand it to other parts of the U.S. The bill was initiated by the California Employment Lawyers Association, Ozoma's organization Earthseed, and equal rights advocates. It will enter into force on January 1, 2022.
Back in April, Pinterest agreed to voluntarily stop getting workers to sign NDA and not let them discuss "their personal experiences at Pinterest." However, after activists and Apple shareholders pressed the company in the form of a shareholder resolution, Apple refused to add language to its employment agreement, making it clear that employees could discuss harassment and discrimination in the workplace.