Silenced No More Act: Banning NDAs in Harassment & Discrimination Cases

New Legislation Aims to Empower Workplace Discrimination and Harassment Victims

Ifeoma Ozoma, a former employee of Pinterest who brought forth allegations of racial and gender discrimination, is playing a key role in the development of new legislation. This initiative, co-led with California State Senator Connie Leyva and others, seeks to provide greater support to individuals facing discrimination or harassment in the workplace.

Introducing the Silenced No More Act (SB 331)

The Silenced No More Act (SB 331), unveiled today, proposes to restrict the application of non-disclosure agreements (NDAs) in cases involving any form of workplace discrimination or harassment. This aims to give individuals more agency in discussing their experiences.

Senator Leyva emphasized the importance of this legislation, stating, “It is unacceptable for any employer to attempt to silence an employee who has experienced harassment or discrimination—regardless of the basis, be it race, sexual orientation, religion, age, or any other protected characteristic.”

Expanding Existing Protections

This proposed bill builds upon the existing framework established by the Stand Together Against Non-Disclosures Act, which was enacted in 2019 and also authored by Senator Leyva.

Previously, Ozoma and former colleague Aerica Shimizu Banks publicly shared their experiences with both racial and gender discrimination at Pinterest. While they reached a settlement with the company, the initial STAND Act primarily covered disclosures related to gender discrimination.

SB 331 would broaden these protections to encompass disclosures concerning racial discrimination as well, ensuring more comprehensive coverage for workers.

The Risks of Speaking Out

Ozoma explained to TechCrunch that initiating claims of both racial and gender discrimination was a calculated risk, given the existing NDA. Pinterest had the option to pursue legal action against both Ozoma and Banks.

However, Ozoma noted that such a lawsuit would have necessitated the company’s admission of wrongdoing. She further explained that companies often rely on the assumption that individuals will refrain from discussing prohibited topics due to the constraints of NDAs.

A Potential Turning Point for the Tech Industry

The bill’s journey is far from over, requiring approval from the California legislature and the signature of Governor Gavin Newsom. However, its passage would signify a substantial change within the technology sector and beyond.

Ozoma believes the impact would be widespread, extending to various industries. She underscored the importance of an intersectional approach to progress, stating, “I believe that we don’t have real progress unless we approach things intersectionally and that’s the lesson from all of us.”