I 
117TH CONGRESS 
2D SESSION 
H. R. 8227 
To limit the judicial enforceability of predispute nondisclosure and nondispar-
agement contract clauses relating to disputes involving sexual assault 
and sexual harassment. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 24, 2022 
Ms. LOIS FRANKEL of Florida (for herself, Mr. BUCK, Mr. CICILLINE, Mr. 
GRIFFITH, Mr. NADLER, Mrs. BUSTOS, and Ms. JAYAPAL) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To limit the judicial enforceability of predispute nondisclo-
sure and nondisparagement contract clauses relating to 
disputes involving sexual assault and sexual harassment. 
Be it enacted by the Senate and House of Representa-
tives 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. 
The Congress finds the following: 
(1) Sexual harassment and assault remain per-
vasive in the workplace and throughout civic society, 
affecting millions of Americans. 
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(2) Eighty-one percent of women and 43 per-
cent of men have experienced some form of sexual 
harassment and/or assault throughout their lifetime. 
(3) One in 3 women has faced sexual harass-
ment in the workplace during her career, and an es-
timated 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 provi-
sions 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 con-
duct 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. 
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(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. 
SEC. 3. LIMITATION ON JUDICIAL ENFORCEABILITY OF 
PREDISPUTE 
NONDISCLOSURE 
AND 
NON-
DISPARAGEMENT CONTRACT CLAUSES RE-
LATING TO SEXUAL ASSAULT DISPUTES AND 
SEXUAL HARASSMENT DISPUTES. 
(a) IN GENERAL.—With respect to a sexual assault 
dispute or sexual harassment dispute, no predispute non-
disclosure clause or predispute nondisparagement clause 
shall be judicially enforceable in instances in which con-
duct 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 applica-
tion of this Act. 
(c) CONTINUED
APPLICABILITY
OF
FEDERAL, 
STATE, AND TRIBAL LAW.—This Act shall not be con-
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strued to supersede a provision of Federal, State, or Trib-
al Law that governs the use of pseudonyms in the filing 
of claims involving sexual assault or sexual harassment 
disputes. 
SEC. 4. DEFINITIONS. 
For purposes of this Act: 
(1) PREDISPUTE
NONDISCLOSURE
CLAUSE.— 
The term ‘‘predispute nondisclosure clause’’ means a 
provision in a contract or agreement agreed to be-
fore a lawsuit is filed under Federal, State, or Tribal 
law, that requires the parties to the contract or 
agreement not to disclose or discuss conduct, the ex-
istence of a settlement involving conduct, or infor-
mation covered by the terms and conditions of the 
contract or agreement. 
(2) 
PREDISPUTE
NONDISPARAGEMENT 
CLAUSE.—The term ‘‘predispute nondisparagement 
clause’’ means a provision in a contract or agree-
ment 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 
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such terms are defined in section 2246 of title 18 of 
the United States Code, or similar applicable Tribal 
or State law, including when the victim lacks capac-
ity to consent. 
(4) SEXUAL HARASSMENT DISPUTE.—The term 
‘‘sexual harassment dispute’’ means a dispute relat-
ing to conduct that is alleged to constitute sexual 
harassment under applicable Federal, Tribal, or 
State law. 
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 the enactment of this Act. 
Æ 
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