II 

117TH CONGRESS 

2D SESSION S. 4524 

To limit the judicial enforceability of predispute nondisclosure and nondisparagement contract clauses relating to disputes involving sexual assault 

and sexual harassment. 

IN THE SENATE OF THE UNITED STATES 

JULY 13, 2022 

Mrs. GILLIBRAND (for herself, Mrs. BLACKBURN, Ms. HIRONO, and Mr. GRAHAM) introduced the following bill; which was read twice and referred to 

the Committee on the Judiciary 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 SEC. 2. FINDINGS. 

6 Congress finds the following: 

7 (1) Sexual harassment and assault remain per8 vasive in the workplace and throughout civic society, 

9 affecting millions of Americans. 


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1 (2) Eighty-one percent of women and 43 per2 cent of men have experienced some form of sexual 

3 harassment or assault throughout their lifetime. 

4 (3) One in 3 women has faced sexual harass5 ment in the workplace during her career, and an es6 timated 87 to 94 percent of those who experience 

7 sexual harassment never file a formal complaint. 

8 (4) Sexual harassment in the workplace forces 

9 many women to leave their occupation or industry, 

10 or pass up opportunities for advancement. 

11 (5) In order to combat sexual harassment and 

12 assault, it is essential that victims and survivors 

13 have the freedom to report and publicly disclose 

14 their abuse. 

15 (6) Nondisclosure and nondisparagement provi16 sions in agreements between employers and current, 

17 former, and prospective employees, and independent 

18 contractors, and between providers of goods and 

19 services and consumers, can perpetuate illegal con20 duct by silencing those who are survivors of illegal 

21 sexual harassment and assault or illegal retaliation, 

22 or have knowledge of such conduct, while shielding 

23 perpetrators and enabling them to continue their 

24 abuse. 


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1 (7) Prohibiting predispute nondisclosure and 

2 nondisparagement clauses will empower survivors to 

3 come forward, hold perpetrators accountable for 

4 abuse, improve transparency around illegal conduct, 

5 enable the pursuit of justice, and make workplaces 

6 safer and more productive for everyone. 

7 SEC. 3. DEFINITIONS. 

8 In this Act: 

9 (1) PREDISPUTE NONDISCLOSURE CLAUSE.— 

10 The term ‘‘predispute nondisclosure clause’’ means a 

11 provision in a contract or agreement agreed to be12 fore a lawsuit is filed under Federal, State, or Tribal 

13 law that requires the parties to the contract or 

14 agreement not to disclose or discuss conduct, the ex15 istence of a settlement involving conduct, or infor16 mation covered by the terms and conditions of the 

17 contract or agreement. 

18 (2) PREDISPUTE NONDISPARAGEMENT

19 CLAUSE.—The term ‘‘predispute nondisparagement 

20 clause’’ means a provision in a contract or agree21 ment that requires 1 or more parties to the contract 

22 or agreement not to make a negative statement 

23 about another party that relates to the contract, 

24 agreement, claim, or case. 


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1 (3) SEXUAL ASSAULT DISPUTE.—The term 

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

3 a nonconsensual sexual act or sexual contact, as 

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

5 United States Code, or similar applicable Tribal or 

6 State law, including when the victim lacks capacity 

7 to consent. 

8 (4) SEXUAL HARASSMENT DISPUTE.—The term 

9 ‘‘sexual harassment dispute’’ means a dispute relat10 ing to conduct that is alleged to constitute sexual 

11 harassment under applicable Federal, Tribal, or 

12 State law. 

13 SEC. 4. LIMITATION ON JUDICIAL ENFORCEABILITY OF 

14 PREDISPUTE NONDISCLOSURE AND NON15 DISPARAGEMENT CONTRACT CLAUSES RE16 LATING TO SEXUAL ASSAULT DISPUTES AND 

17 SEXUAL HARASSMENT DISPUTES. 

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

19 dispute or sexual harassment dispute, no predispute non20 disclosure clause or predispute nondisparagement clause 

21 shall be judicially enforceable in instances in which con22 duct is alleged to have violated Federal, Tribal, or State 

23 law. 

24 (b) CONTINUED APPLICABILITY OF STATE LAW.— 

25 This Act shall not be construed to supersede a provision 


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1 of State law that establishes, implements, or continues in 

2 effect a requirement or prohibition except to the extent 

3 that such requirement or prohibition prevents the applica4 tion of this Act. 

5 (c) CONTINUED APPLICABILITY OF FEDERAL, 

6 STATE, AND TRIBAL LAW.—This Act shall not be con7 strued to supersede a provision of Federal, State, or Trib8 al law that governs the use of pseudonyms in the filing 

9 of claims involving sexual assault or sexual harassment 

10 disputes. 

11 (d) PROTECTION OF TRADE SECRETS AND PROPRI12 ETARY INFORMATION.—Nothing in this Act shall prohibit 

13 an employer and an employee from protecting trade se14 crets or proprietary information. 

15 SEC. 5. APPLICABILITY. 

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

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

18 date of enactment of this Act. 

Æ 


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