Speak Out Act
Dec 7, 2022
Statute: 136 Stat. 2290
Became law: Dec 7, 2022
Dec 7, 2022
Statute: 136 Stat. 2290
Became law: Dec 7, 2022
Summary
Stops courts from enforcing agreements that prevent people from talking about sexual assault or harassment if the agreement was signed before a problem happened.
What problem does this solve?
Many people are forced to sign agreements that stop them from talking about sexual assault or harassment, which lets bad behavior continue in secret. This law makes those pre-dispute agreements invalid, allowing victims to share their stories and hold abusers accountable.
What does this law do?
Makes pre-dispute NDAs unenforceable for sexual harassment
Makes nondisclosure and nondisparagement clauses invalid in court if they were signed before a sexual assault or harassment dispute occurred.
Preserves stronger state laws
Allows states to keep or create their own laws that offer even more protection for individuals who want to speak out.
Protects company trade secrets
Clarifies that the law does not stop employers from protecting their trade secrets or other private business information.
Who does this affect?
- Victims of sexual assault and harassment
- Employees
- Employers
What is the real world impact?
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Empowers survivors to speak out
Allows individuals who have experienced sexual assault or harassment to share their stories without fear of being sued for breaking a contract they signed before the incident, helping to expose and stop abuse.
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Increases corporate accountability
Prevents companies from using pre-dispute NDAs to hide patterns of sexual misconduct. This forces them to address problems directly instead of silencing victims, which can improve workplace culture.
When does this start?
This law applies to all claims filed on or after December 7, 2022.