Are non-disclosure agreements on their way out?

“The reforms in response to our recommendations will equip workers, employers and their representatives with the tools to better prevent and respond to workplace sexual harassment,” said Parliamentary Secretary for Workplace Safety Bronwyn Halfpenny in a statement.

‘Silenced No More’

In the spring, American legislators also passed a law that targeted NDAs.

House Bill 1795, dubbed the “Silenced No More Act”, was aimed squarely at these deals which attempt to silence harassment and discrimination in workplaces.

Under the bill, the legislature acknowledged there are existing provisions in non-disclosure and non-disparagement contracts between employers and employees that want to silence victims or those with knowledge of illegal discrimination, illegal harassment, illegal retaliation, wage and hour violations, or sexual assault in the workplace.

“It is the intent of the legislature to prohibit non-disclosure and non-disparagement provisions in agreements, which defeat the strong public policy in favour of disclosure,” read the bill.