[117th Congress Public Law 224]
[From the U.S. Government Publishing Office]
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SPEAK OUT ACT
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Public Law 117-224
117th Congress
An Act
To limit the judicial enforceability of predispute nondisclosure and
nondisparagement contract clauses relating to disputes involving sexual
assault and sexual harassment. <<NOTE: Dec. 7, 2022 - [S. 4524]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Speak Out
Act.>>
SECTION 1. <<NOTE: 42 USC 19401 note.>> SHORT TITLE.
This Act may be cited as the ``Speak Out Act''.
SEC. 2. <<NOTE: 42 USC 19401.>> 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. <<NOTE: 42 USC 19402.>> DEFINITIONS.
In this Act:
(1) Nondisclosure clause.--The term ``nondisclosure clause''
means a provision in a contract or agreement that
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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. <<NOTE: 42 USC 19403.>> 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.
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SEC. 5. <<NOTE: 42 USC 19404.>> 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.
Approved December 7, 2022.
LEGISLATIVE HISTORY--S. 4524:
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CONGRESSIONAL RECORD, Vol. 168 (2022):
Sept. 29, considered and passed Senate.
Nov. 16, considered and passed House.
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