[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4524 Enrolled Bill (ENR)]
S.4524
One Hundred Seventeenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the third day of January, two thousand and twenty two
An Act
To limit the judicial enforceability of predispute nondisclosure and
nondisparagement contract clauses relating to disputes involving sexual
assault and sexual harassment.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Speak Out Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Sexual harassment and assault remain pervasive in the
workplace and throughout civic society, affecting millions of
Americans.
(2) Eighty-one percent of women and 43 percent of men have
experienced some form of sexual harassment or assault throughout
their lifetime.
(3) One in 3 women has faced sexual harassment in the workplace
during her career, and an estimated 87 to 94 percent of those who
experience sexual harassment never file a formal complaint.
(4) Sexual harassment in the workplace forces many women to
leave their occupation or industry, or pass up opportunities for
advancement.
(5) In order to combat sexual harassment and assault, it is
essential that victims and survivors have the freedom to report and
publicly disclose their abuse.
(6) Nondisclosure and nondisparagement provisions in agreements
between employers and current, former, and prospective employees,
and independent contractors, and between providers of goods and
services and consumers, can perpetuate illegal conduct by silencing
those who are survivors of illegal sexual harassment and assault or
illegal retaliation, or have knowledge of such conduct, while
shielding perpetrators and enabling them to continue their abuse.
(7) Prohibiting nondisclosure and nondisparagement clauses will
empower survivors to come forward, hold perpetrators accountable
for abuse, improve transparency around illegal conduct, enable the
pursuit of justice, and make workplaces safer and more productive
for everyone.
SEC. 3. DEFINITIONS.
In this Act:
(1) Nondisclosure clause.--The term ``nondisclosure clause''
means a provision in a contract or agreement that requires the
parties to the contract or agreement not to disclose or discuss
conduct, the existence of a settlement involving conduct, or
information covered by the terms and conditions of the contract or
agreement.
(2) Nondisparagement clause.--The term ``nondisparagement
clause'' means a provision in a contract or agreement that requires
1 or more parties to the contract or agreement not to make a
negative statement about another party that relates to the
contract, agreement, claim, or case.
(3) Sexual assault dispute.--The term ``sexual assault
dispute'' means a dispute involving a nonconsensual sexual act or
sexual contact, as such terms are defined in section 2246 of title
18, United States Code, or similar applicable Tribal or State law,
including when the victim lacks capacity to consent.
(4) Sexual harassment dispute.--The term ``sexual harassment
dispute'' means a dispute relating to conduct that is alleged to
constitute sexual harassment under applicable Federal, Tribal, or
State law.
SEC. 4. LIMITATION ON JUDICIAL ENFORCEABILITY OF NONDISCLOSURE AND
NONDISPARAGEMENT CONTRACT CLAUSES RELATING TO SEXUAL ASSAULT DISPUTES
AND SEXUAL HARASSMENT DISPUTES.
(a) In General.--With respect to a sexual assault dispute or sexual
harassment dispute, no nondisclosure clause or nondisparagement clause
agreed to before the dispute arises shall be judicially enforceable in
instances in which conduct is alleged to have violated Federal, Tribal,
or State law.
(b) Continued Applicability of State Law.--Nothing in this Act
shall prohibit a State or locality from enforcing a provision of State
law governing nondisclosure or nondisparagement clauses that is at
least as protective of the right of an individual to speak freely, as
provided by this Act.
(c) Continued Applicability of Federal, State, and Tribal Law.--
This Act shall not be construed to supersede a provision of Federal,
State, or Tribal Law that governs the use of pseudonyms in the filing
of claims involving sexual assault or sexual harassment disputes.
(d) Protection of Trade Secrets and Proprietary Information.--
Nothing in this Act shall prohibit an employer and an employee from
protecting trade secrets or proprietary information.
SEC. 5. APPLICABILITY.
This Act shall apply with respect to a claim that is filed under
Federal, State, or Tribal law on or after the date of enactment of this
Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.