Can an NDA prevent me from reporting sexual harassment in California?

No. Under California law, specifically the Silenced No More Act (SB 331), NDAs cannot prohibit you from disclosing information about unlawful acts in the workplace, including sexual harassment.

What is the Silenced No More Act?

The Silenced No More Act is a California law that prohibits employers from requiring employees to sign agreements that prevent them from disclosing factual information regarding sexual harassment, discrimination, or other unlawful workplace conduct.

Are there any exceptions to these protections?

While you cannot be silenced regarding harassment, employers may still include non-disparagement clauses regarding other business trade secrets or proprietary information, provided they do not infringe on your right to report illegal acts.

A TermScore is an AI-generated risk rating from 0 to 100 that evaluates the fairness and risk level of any legal document. A score of 86-100 means the contract is highly favorable, while 0-30 indicates dangerous terms you should walk away from.

What types of documents can TermScore analyze?

TermScore analyzes any legal document including freelance contracts, employment agreements, residential leases, NDAs, brand sponsorship deals, SaaS vendor agreements, and rental applications. Upload PDFs, Word documents, or images.

How much does TermScore cost?

TermScore offers a free plan with 3 scores per month. The Team plan is $15/month for 30 scores, and the Professional plan is $50/month for 500 scores with team collaboration features. One-time purchases are also available: a single score for $5 or a 5-pack for $15, with no subscription required.

Is my document data secure?

Yes. Documents are processed in memory and analysis results are stored encrypted. TermScore never shares your document data with third parties and you can delete your data at any time from your dashboard.

Can an NDA override my right to report sexual harassment in California?

Can an NDA override your right to report sexual harassment in California?

No. Under California law, an NDA cannot legally prevent you from reporting sexual harassment, discrimination, or other unlawful workplace conduct. Provisions in settlement agreements or employment contracts that attempt to silence you regarding these issues are void and unenforceable under the Silenced No More Act (SB 331).

The Legal Framework: SB 331 and Beyond

California has established some of the most robust worker protections in the United States. If you are presented with a contract or a settlement agreement, it is critical to understand that your statutory rights to report illegal activity supersede any private contractual agreement.

The Silenced No More Act (SB 331)

Effective January 1, 2022, SB 331 expanded the reach of previous legislation. It prohibits employers from requiring employees to sign non-disparagement agreements or NDAs that restrict the disclosure of information about unlawful acts in the workplace. This applies to:

Sexual harassment
Discrimination based on protected characteristics
Retaliation for reporting illegal conduct
Wage and hour violations

Key takeaway: Any contract clause that attempts to restrict your ability to speak about sexual harassment is legally void. You cannot be sued for breach of contract for reporting such conduct to a government agency or in a court of law.

Action Item: Review your existing employment agreement for "non-disparagement" or "confidentiality" clauses. If they do not contain a carve-out for reporting illegal acts, they may be non-compliant with California law.

Comparing Contractual Protections

Clause Type	Enforceability in CA	Impact on Reporting
Standard NDA	Enforceable for Trade Secrets	Cannot block harassment reporting
Non-Disparagement	Void if it covers illegal acts	Cannot block harassment reporting
Settlement Agreement	Limited by SB 331	Cannot block harassment reporting

What to Look for in Your Agreement

Employers often use "boilerplate" language that looks intimidating but is legally toothless in California. When reviewing your documents, look for these red flags:

Broad Confidentiality: Language that states you cannot discuss "any aspect of your employment" or "any workplace incidents."
Liquidated Damages: Clauses that threaten massive financial penalties if you speak about your experience.
Lack of Carve-outs: The absence of explicit language stating that the agreement does not prevent you from reporting to the DFEH, EEOC, or other law enforcement agencies.

Steps to Take if You Are Pressured to Sign

Do not sign immediately: You are entitled to time to review any agreement.
Request a carve-out: Ask for an amendment that explicitly states: "Nothing in this agreement shall prevent the Employee from discussing or disclosing information about unlawful acts in the workplace."
Consult counsel: If the employer refuses to remove the offending language, they may be in violation of the law.

Key takeaway: If an employer threatens to withhold severance or fire you for refusing to sign an illegal NDA, they are likely engaging in unlawful retaliation. Document all communications regarding this pressure.

The Role of Government Agencies

Your right to report to government agencies is absolute. Even if you signed an agreement, you retain the right to file a complaint with the California Civil Rights Department (CRD) or the federal Equal Employment Opportunity Commission (EEOC). These agencies have the authority to investigate regardless of private "gag orders" contained in your employment contract.

Action Item: If you feel your rights have been violated, visit the CRD website to initiate a pre-complaint inquiry. This is a protected activity, and any attempt by an employer to stop you is a separate violation of California law.

How TermScore Can Help

Navigating complex legal language in employment contracts is difficult, but you don't have to do it alone. TermScore uses AI to instantly analyze your contracts, flagging non-compliant clauses and identifying language that may violate California's strict protections against silencing employees. By uploading your document to TermScore, you can gain immediate clarity on your rights and ensure your agreements align with current state law.