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X'Silenced No More' Act Passes In California, Banning NDA's in Harrasment and Discrimination Cases
After a long fight spearheaded by California tech workers and State Senator Connie Leyva, the California Legislature on Monday passed the "Silenced No More Act," which would expand workplace harassment protections for employees.
Senate Bill 331, which now heads to Governor Gavin Newsom's desk and will take effect next year if signed, would prevent the use of non-disparagement and non-disclosure clauses as part of a severance agreement following any workplace discrimination and harassment. The bill builds on an existing law also authored by Leyva and passed in the wake of the #MeToo movement that bans confidentiality agreements in cases of sexual harassment, discrimination and assault. That law, the Stand Together Against Non-Disclosures (STAND) Act, did not cover harassment related to racism, an issue that hit home for tech workers like Ifeoma Ozoma, one of the bill's co-sponsors.
A former public policy manager at Pinterest, Ozoma claims she was pushed out of the company in March 2020 and presented with a non-disclosure and non-disparagement agreement. She broke her NDA months later, alleging she and her Black colleagues faced racism and wage discrimination at Pinterest. She soon teamed up with Leyva, the California Employment Lawyers Association and Equal Rights Advocates to draft legislation that would cover all forms of discrimination and harassment, including racial claims.
"For me personally, I'm feeling the weight of all this because it's been a long year-and-a-half and I've worked really hard on this bill," Ozoma said, her voice cracking with emotion. "I'm more proud of it than anything else I've worked on, so I'm just really happy."
Mariko Yoshihara, legislative counsel and policy director at the California Employment Lawyers Association, told dot.LA Ozoma's story highlighted how discrimination and harassment often happen intersectionally.
"We have multiple identities and you often can't separate those different characteristics," Yoshihara said. "So for her to have an NDA that just covered race-based discrimination but she was free to talk about gender discrimination doesn't make sense because she was discriminated against because she was a Black woman, not just because she was Black."
If signed into law, the Silenced No More Act would protect workers negotiating settlements and severance following any workplace harassment. In effect, that means an employee who had signed a nondisparagement clause as a condition of a severance agreement can still speak up about unlawful conduct including harassment and discrimination, Yoshihara said.
The bill cleared passage in the State Assembly last week after the California Chamber of Commerce dropped its opposition to the bill. The business advocacy group had expressed concerns with language in the original legislation regarding the ability to keep confidential the amount of severance being offered, but those were assuaged with the amended version, according to Ashley Hoffman, policy advocate for the chamber.
Ozoma was especially sanguine about the prospect of similar legislation passing at the federal level.
"It's a pretty big first step to have 40 million people protected but as far as first steps go, I hope it lays the groundwork and provides sample text even for other states for an eventual federal bill," she said. "I believe California is a trend-setter with legislation because there are so many industries based in the state...if you can pass something with billion dollar opposition that would have waged opposition, there's no reason why you can't pass this everywhere."
- Ex-Pinterest Employee Ifeoma Ozoma On When To Break Your NDA ... ›
- California Gov. Signs Silenced No More Act, Crippling NDAs - dot.LA ›
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California Debates Data Privacy as SCOTUS Allows Abortion Bans
Keerthi Vedantam is a bioscience reporter at dot.LA. She cut her teeth covering everything from cloud computing to 5G in San Francisco and Seattle. Before she covered tech, Keerthi reported on tribal lands and congressional policy in Washington, D.C. Connect with her on Twitter, Clubhouse (@keerthivedantam) or Signal at 408-470-0776.
The United States Supreme Court called a Mississippi law banning abortion after 15 weeks constitutional on Friday, overturning the country’s founding abortion rights decision Roe v. Wade. The Supreme Court also upheld that there cannot be any restriction on how far into a pregnancy abortion can be banned.
When Politico first broke the news months before SCOTUS’s final ruling, a slew of bills entered Congress to protect data privacy and prevent the sale of data, which can be triangulated to see if a person has had an abortion or if they are seeking an abortion and have historically been used by antiabortion individuals who would collect this information during their free time.
Democratic lawmakers led by Congresswoman Anna Eshoo called on Google to stop collecting location data. The chair of the Federal Trade Commission has long voiced plans for the agency to prevent data collection. A week after the news, California Assembly passed A.B. 2091, a law that would prevent insurance companies and medical providers from sharing information in abortion-related cases (the state Senate is scheduled to deliberate on it in five days).
These scattered bills attempt to do what health privacy laws do not. The Health Insurance Portability and Accountability Act, or HIPAA, was established in 1996 when the Internet was still young and most people carried flip phones. The act declared health institutions were not allowed to share or disclose patients’ health information. Google, Apple and a slew of fertility and health apps are not covered under HIPAA, and fertility app data can be subpoenaed by law enforcement.
California’s Confidentiality of Medical Information Act (or CMIA), goes further than HIPAA by encompassing apps that store medical information under the broader umbrella of health institutions that include insurance companies and medical providers. And several how-tos on protecting data privacy during Roe v. Wade have been published in the hours of the announcement.
But reproductive rights organizations say data privacy alone cannot fix the problem. According to reproductive health policy think tank Guttmacher Institute, the closest state with abortion access to 1.3 million out-of-state women of reproductive age is California. One report from the UCLA Center on Reproductive Health, Law and Policy estimates as many as 9,400 people will travel to Los Angeles County every year to get abortions, and that number will grow as more states criminalize abortions.
Keerthi Vedantam is a bioscience reporter at dot.LA. She cut her teeth covering everything from cloud computing to 5G in San Francisco and Seattle. Before she covered tech, Keerthi reported on tribal lands and congressional policy in Washington, D.C. Connect with her on Twitter, Clubhouse (@keerthivedantam) or Signal at 408-470-0776.
LA Tech ‘Moves’: Adtech Firm OpenX Lures New SVP, Getlabs and DISQO Tap New VPs
Decerry Donato is dot.LA's Editorial Fellow. Prior to that, she was an editorial intern at the company. Decerry received her bachelor's degree in literary journalism from the University of California, Irvine. She continues to write stories to inform the community about issues or events that take place in the L.A. area. On the weekends, she can be found hiking in the Angeles National forest or sifting through racks at your local thrift store.
“Moves,” our roundup of job changes in L.A. tech, is presented by Interchange.LA, dot.LA's recruiting and career platform connecting Southern California's most exciting companies with top tech talent. Create a free Interchange.LA profile here—and if you're looking for ways to supercharge your recruiting efforts, find out more about Interchange.LA's white-glove recruiting service by emailing Sharmineh O’Farrill Lewis (sharmineh@dot.la). Please send job changes and personnel moves to moves@dot.la.
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Advertising technology company OpenX Technologies appointed Geoff Wolinetz as senior vice president of demand platforms. Wolinetz was most recently senior vice president of growth at Chalice Custom Algorithms.
Remote health care infrastructure provider Getlabs hired Jaime LaFontaine as its vice president of business development. L.A.-based LaFontaine was previously director of business development for Alto Pharmacy.
Customer experience platform DISQO tapped Andrew Duke as its vice president of product, consumer applications. Duke previously served as Oracle’s senior director of strategy and product.
Media company Wheelhouse DNA named Michael Senzer as senior manager of Additive Creative, its newly launched digital talent management division. Senzer was previously vice president of business development at TalentX Entertainment.
Fintech lending platform Camino Financial hired Dana Rainford as vice president of people and talent. Rainford previously served as head of human resources at Westwood Financial.
Kourtney Day returned to entertainment company Jim Henson’s Creature Shop as senior director of business development. Day mostly recently served as business development manager for themed entertainment at Solomon Group.
Decerry Donato is dot.LA's Editorial Fellow. Prior to that, she was an editorial intern at the company. Decerry received her bachelor's degree in literary journalism from the University of California, Irvine. She continues to write stories to inform the community about issues or events that take place in the L.A. area. On the weekends, she can be found hiking in the Angeles National forest or sifting through racks at your local thrift store.
This Week in ‘Raises’: Miracle Miles Lands $100M, Fintech Startup Tapcheck Hauls $20M
Decerry Donato is dot.LA's Editorial Fellow. Prior to that, she was an editorial intern at the company. Decerry received her bachelor's degree in literary journalism from the University of California, Irvine. She continues to write stories to inform the community about issues or events that take place in the L.A. area. On the weekends, she can be found hiking in the Angeles National forest or sifting through racks at your local thrift store.
In this week’s edition of “Raises”: An L.A.-based footwear company closed $100 million to boost its expansion into the global market, while there were Series A raises for local fintech, biotech and space startups.
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Venture Capital
Miracle Miles Group, an L.A.-based footwear company, raised a $100 million Series A funding round co-led by IDG Capital and Sequoia Capital China.
Deno, a San Diego-based software development startup, raised a $21 million Series A funding round led by Sequoia Capital.
Tapcheck, an L.A.-based financial wellness startup that helps workers access their paycheck before payday, raised a $20 million Series A funding round led by PeakSpan Capital.
Gemelli Biotech, an L.A.- and Raleigh, N.C.-based biotech startup focused on gastrointestinal diseases, raised a $19 million Series A financing round led by Blue Ox Healthcare Partners.
Epsilon3, an L.A.-based space operations software startup, raised a $15 million Series A funding round led by Lux Capital.
Global Premier Fertility, an Irvine-based fertility company, raised an $11 million Series C funding round led by Triangle Capital Corporation.
Vamstar, an L.A.- and London-based medical supply chain platform, raised a $9.5 million Series A funding round co-led by Alpha Intelligence Capital and Dutch Founders Fund.
System 9, an L.A.-based digital asset market-making firm focused on the crypto altcoin market, raised a $5.7 million Series A funding round led by Capital6 Eagle.
Myria, an L.A.-based online marketplace of luxury goods and services, raised a $4.3 million seed round from Y Combinator, Backend Capital, Cathexis Ventures and other angel investors.
Binarly, an L.A.-based firmware cybersecurity company, raised a $3.6 million seed round from WestWave Capital and Acrobator Ventures.
Raises is dot.LA’s weekly feature highlighting venture capital funding news across Southern California’s tech and startup ecosystem. Please send fundraising news to Decerry Donato (decerrydonato@dot.la).
- Vamstar Raises $9.5M For Its Medical Supply Chain Platform - dot.LA ›
- MaC Venture Capital Eyes $200 Million For Its Second Fund - dot.LA ›
- Los Angeles Venture Capital News - dot.LA ›
Decerry Donato is dot.LA's Editorial Fellow. Prior to that, she was an editorial intern at the company. Decerry received her bachelor's degree in literary journalism from the University of California, Irvine. She continues to write stories to inform the community about issues or events that take place in the L.A. area. On the weekends, she can be found hiking in the Angeles National forest or sifting through racks at your local thrift store.