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NDAs play a huge role in enforcing silence around discrimination and harassment and are particularly beloved of tech and entertainment companies. Pinterest, for example, famously bound many of its BIPOC employees with NDAs that prevented them from speaking out about pervasive racist harassment at the company, and NDAs also restricted many women in the entertainment industry from speaking out on MeToo matters. NDAs act as, essentially, a loophole in federal whistleblower law, threatening people who want to speak up about poor treatment at the hands of past employers with loss of pay and possible legal action. Read more about NDAs at the Guardian here.

In 2018, California passed SB 820, which specifically bans NDAs in cases of sexual harassment, sexual assault, and sex discrimination. SB 331, or the Silenced No More Act, seeks to complement this bill by banning NDAs in all cases of workplace harassment and discrimination, including along axes of race, disability, age, and religion. SB 331 has passed the State Senate and now faces the Assembly.

If you're in California, please contact your Assemblymember (find out who they are here) and tell them to support the Silenced No More Act. Find a script below for calling, writing, or emailing.

You can also send a ResistBot message by texting PKLNMK to 50409.



Dear Assemblymember ___.

My name is ___ and I am a constituent of CA District ___.

I ask that you support the Silenced No More Act. NDAs have become little more than gag laws protecting harassment and discrimination. Whistleblowing is protected, and NDAs serve as a loophole that serves unethical employers at the expense of their workforce. California already passed SB 820, prohibiting NDAs in the case of sex discrimination and sexual harassment, and it should go even farther. The Silenced No More Act seeks to complement this bill by banning NDAs in all cases of workplace harassment and discrimination, including along axes of race, disability, age, and religion Employees should be able to come forward about poor treatment safely. Please support survivors and hold perpetrators accountable by voting yes on SB 331, the Silenced No More Act.

Sincerely,
---

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