117TH CONGRESS 

2D SESSION S. 4524 

AN ACT 

To limit the judicial enforceability of predispute nondisclosure and nondisparagement contract clauses relating to 

disputes involving sexual assault and sexual harassment. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

†S 4524 ES

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Speak Out Act’’. 

3 SEC. 2. FINDINGS. 

4 Congress finds the following: 

5 (1) Sexual harassment and assault remain per6 vasive in the workplace and throughout civic society, 

7 affecting millions of Americans. 

8 (2) Eighty-one percent of women and 43 per9 cent of men have experienced some form of sexual 

10 harassment or assault throughout their lifetime. 

11 (3) One in 3 women has faced sexual harass12 ment in the workplace during her career, and an es13 timated 87 to 94 percent of those who experience 

14 sexual harassment never file a formal complaint. 

15 (4) Sexual harassment in the workplace forces 

16 many women to leave their occupation or industry, 

17 or pass up opportunities for advancement. 

18 (5) In order to combat sexual harassment and 

19 assault, it is essential that victims and survivors 

20 have the freedom to report and publicly disclose 

21 their abuse. 

22 (6) Nondisclosure and nondisparagement provi23 sions in agreements between employers and current, 

24 former, and prospective employees, and independent 

25 contractors, and between providers of goods and 

26 services and consumers, can perpetuate illegal con-
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†S 4524 ES

1 duct by silencing those who are survivors of illegal 

2 sexual harassment and assault or illegal retaliation, 

3 or have knowledge of such conduct, while shielding 

4 perpetrators and enabling them to continue their 

5 abuse. 

6 (7) Prohibiting nondisclosure and nondisparage7 ment clauses will empower survivors to come for8 ward, hold perpetrators accountable for abuse, im9 prove transparency around illegal conduct, enable 

10 the pursuit of justice, and make workplaces safer 

11 and more productive for everyone. 

12 SEC. 3. DEFINITIONS. 

13 In this Act: 

14 (1) NONDISCLOSURE CLAUSE.—The term ‘‘non15 disclosure clause’’ means a provision in a contract or 

16 agreement that requires the parties to the contract 

17 or agreement not to disclose or discuss conduct, the 

18 existence of a settlement involving conduct, or infor19 mation covered by the terms and conditions of the 

20 contract or agreement. 

21 (2) NONDISPARAGEMENT CLAUSE.—The term 

22 ‘‘nondisparagement clause’’ means a provision in a 

23 contract or agreement that requires 1 or more par24 ties to the contract or agreement not to make a neg-
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†S 4524 ES

1 ative statement about another party that relates to 

2 the contract, agreement, claim, or case. 

3 (3) SEXUAL ASSAULT DISPUTE.—The term 

4 ‘‘sexual assault dispute’’ means a dispute involving 

5 a nonconsensual sexual act or sexual contact, as 

6 such terms are defined in section 2246 of title 18, 

7 United States Code, or similar applicable Tribal or 

8 State law, including when the victim lacks capacity 

9 to consent. 

10 (4) SEXUAL HARASSMENT DISPUTE.—The term 

11 ‘‘sexual harassment dispute’’ means a dispute relat12 ing to conduct that is alleged to constitute sexual 

13 harassment under applicable Federal, Tribal, or 

14 State law. 

15 SEC. 4. LIMITATION ON JUDICIAL ENFORCEABILITY OF 

16 NONDISCLOSURE AND NONDISPARAGEMENT 

17 CONTRACT CLAUSES RELATING TO SEXUAL 

18 ASSAULT DISPUTES AND SEXUAL HARASS19 MENT DISPUTES. 

20 (a) IN GENERAL.—With respect to a sexual assault 

21 dispute or sexual harassment dispute, no nondisclosure 

22 clause or nondisparagement clause agreed to before the 

23 dispute arises shall be judicially enforceable in instances 

24 in which conduct is alleged to have violated Federal, Trib25 al, or State law. 
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1 (b) CONTINUED APPLICABILITY OF STATE LAW.— 

2 Nothing in this Act shall prohibit a State or locality from 

3 enforcing a provision of State law governing nondisclosure 

4 or nondisparagement clauses that is at least as protective 

5 of the right of an individual to speak freely, as provided 

6 by this Act. 

7 (c) CONTINUED APPLICABILITY OF FEDERAL, 

8 STATE, AND TRIBAL LAW.—This Act shall not be con9 strued to supersede a provision of Federal, State, or Trib10 al Law that governs the use of pseudonyms in the filing 

11 of claims involving sexual assault or sexual harassment 

12 disputes. 

13 (d) PROTECTION OF TRADE SECRETS AND PROPRI14 ETARY INFORMATION.—Nothing in this Act shall prohibit 

15 an employer and an employee from protecting trade se16 crets or proprietary information. 

17 SEC. 5. APPLICABILITY. 

18 This Act shall apply with respect to a claim that is 

19 filed under Federal, State, or Tribal law on or after the 

20 date of enactment of this Act. 

Passed the Senate September 29, 2022. 

Attest: 

Secretary. 
117TH CONGRESS 

2D SESSION S. 4524 

AN ACT 

To limit the judicial enforceability of predispute 

sault and sexual harassment. clauses relating to disputes involving sexual asnondisclosure and nondisparagement contract