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Sunday, June 20, 2021

Bill would end muzzling of victims or witnesses to company wrong-doing

House OKs Tanzi bill forbidding employers from requiring gag orders on civil rights violations, criminal activity

The House of Representatives today approved legislation sponsored by Rep. Teresa A. Tanzi prohibiting employers from requiring employees to sign nondisclosure or nondisparagement agreements regarding alleged violations of civil rights or criminal conduct at work.

“Nondisclosure agreements are gag orders that silence victims and whistleblowers. No one should be legally required to stay silent about abuses they’ve suffered or witnessed at work. Requiring NDAs like that as a condition of employment is, in itself, an abuse because it’s a requirement that employees sign away their own civil rights,” said Representative Tanzi (D-
Dist. 34, South Kingstown, Narragansett). 

“It’s also a disservice to the public, because it’s aimed at helping employers prevent public knowledge of questionable or even illegal actions they may undertake. That’s really point of the type of NDAs we are prohibiting — ensuring that the employer’s image and bottom line are protected and prioritized above the rights of employees or the right of the public to know.”

The legislation (2021-H 5853) forbids employers from exercising nondisclosure or nondisparagement agreements regarding alleged violations of civil rights or criminal conduct as a condition of employment, and voids any contract provision already in place that violates this law.

The bill now heads to the Senate, where Sen. Alana M. DiMario (D-Dist. 36, Narragansett, North Kingstown) is sponsoring identical legislation (2021-S 0189).

The House bill is cosponsored by Rep. Camille FJ. Vella-Wilkinson (D-Dist. 21, Warwick), Rep. Carol Hagan McEntee (D-Dist. 33, South Kingstown, Narragansett), Rep. Evan P. Shanley (D-Dist. 24, Warwick), Rep. Brandon C. Potter (D-Dist. 16, Cranston), Rep. Jason Knight (D-Dist. 67, Barrington, Warren), Rep. Edith H. Ajello (D-Dist. 1, Providence), Rep. Kathleen A. Fogarty (D-Dist. 35, South Kingstown), Rep. Mia A. Ackerman (D-Dist. 45, Cumberland, Lincoln) and House Judiciary Committee Chairman Robert E. Craven (D-Dist. 32, North Kingstown).