Sacramento, Californ: California’s legislature on Monday chose to ensure people can call their boss in public on most cases of harassment and discrimination.
When the company completes the complaints submitted by their employees, the agreement often includes the provisions of employee restrictions from underestimating the company or talking publicly about what happens.
These agreements are stored during the #Metoo movement, criticized as public figures and companies from responsibility in cases of sexual harassment.
California issued a law in 2018 which prohibits this nondisclosure agreement in cases involving sexual harassment, discrimination or attack.
Monday, the legislature dominated by the Democratic California vote to expand the law to include other types of harassment and discrimination, including claims based on race, religion, gender identity and sexual orientation.
The bill is now heading to GOV.
Gavin Newsom, who must decide whether to sign it to become a law.
“There are no workers who have been silenced to talk about their own harassment or discrimination experience at work,” said Sen.
Connie Leyva, a Democrat from Chino and author of the bill.
“So far too long, this secret settlement and agreement has strengthened the culture of confidentiality that prevents accountability, respect and justice.” A handful of other countries have laws that prohibit the Nondisclosure agreement in the case of sexual abuse, including Arizona, New Jersey, New Mexico and Tennessee.
But Leyva’s office said this bill, if signed in the law, would make the California the first country to ban business including the Nondisclosure agreement on the practice of violating the law as part of the severance package when a worker left the company.
The California Bill will not prohibit the Nondisclosure agreement in all cases.
They will still be allowed to maintain the secret of employee names and prevent detailed releases that can identify them – but only if the employee asks for it.
The company cannot ask employees to remain silent.
The bill was partly in response to a case involving two former Black Pinterest employees, a social media company based in California.
The Women, iFeoma Ozoma and Aerica Shimizu Banks, filed complaints about discrimination and rewarding wages.
After completing complaints with the company, they decided to speak in public about their experiences.
But Ozoma’s lawyer told him that he could only talk about the portion of gender discrimination of his complaint because only that was protected by California law.
Because he signed the Nondisclosure agreement, he could not discuss the claims of racical discrimination.
It will change if the Leyva bill becomes a law.
“I’m really excited,” Ozoma said.
“This kind of progress for workers is something that is rare, so I am very proud of the role that I play in it.” Ben Silbermann, the Co-Founder and CEO Pinterest, said the company supports the bill, known as a silenced action no more.
“We want every employee to feel safe, fighting for, and empowered to increase concerns about their work experience,” he said.
Pieces of California Parliament members chose to limit secret settlements
