Title: Speak Out Act
Policy area: Law

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.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4524 Introduced in Senate (IS)]

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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.

    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 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. DEFINITIONS.

    In this Act:
            (1) Predispute nondisclosure clause.--The term ``predispute 
        nondisclosure clause'' means a provision in a contract or 
        agreement agreed to before 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 existence 
        of a settlement involving conduct, or information 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 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 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.
    (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.

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.
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