Eric Akira Tate spoke to Law360 for an article covering new laws in New York and California that discrimination lawyers should keep an eye on in the coming year.
In September, California Governor Gavin Newsom signed a law that further rolls back the ability of companies in that state to insist on having nondisclosure agreements (NDAs) as part of discrimination settlements. S.B. 331, known as the Silenced No More Act, broadens existing restrictions on the use of NDAs in sexual harassment settlements to cover a wider range of employment and housing-related deals under California’s Fair Employment and Housing Act.
According to Eric, it’s going to be difficult for employers to keep the underlying facts of any disputes that fall under the ambit of S.B. 331 confidential, but he noted that the law still allows for confidentiality in settlement agreements under certain circumstances.
“The legislature has maintained the ability for a victim of sexual assault or discrimination or harassment in the workplace…to shield his or her or their identity,” Eric said. “So that is something that can remain confidential. The amount of any settlement that might be paid to the victim or claimant…is [also] something that is still lawful to have maintained as confidential.”
Read the full article.