Speak Out Act

To limit the judicial enforceability of predispute nondisclosure and nondisparagement contract clauses relating to disputes involving sexual assault and sexual harassment. 1. Short title This Act may be cited as the Speak Out Act 2. Findings The 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 and/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 predispute 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. 3. Limitation on judicial enforceability of predispute 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 predispute nondisclosure clause or predispute nondisparagement clause 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 This Act shall not be construed to supersede a provision of State law that establishes, implements, or continues in effect a requirement or prohibition except to the extent that such requirement or prohibition prevents the application of 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. 4. Definitions For purposes of this Act: (1) Predispute nondisclosure clause The term predispute nondisclosure clause (2) Predispute nondisparagement clause The term predispute nondisparagement clause (3) Sexual assault dispute The term sexual assault dispute (4) Sexual harassment dispute The term sexual harassment dispute 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 the enactment of this Act.

Summary: Speak Out Act This bill prohibits the judicial enforceability of a predispute nondisclosure clause or predispute nondisparagement clause in a sexual assault dispute or sexual harassment dispute involving conduct that allegedly violates federal, tribal, or state law.