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 
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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. 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. 
S. 4524—3 

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.