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| Long title | An Act to limit the judicial enforceability of predispute nondisclosure and nondisparagement contract clauses relating to disputes involving sexual assault and sexual harassment. |
|---|---|
| Enacted by | the117th United States Congress |
| Effective | December 7, 2022 |
| Citations | |
| Public law | Pub. L. 117–224 (text)(PDF) |
| Statutes at Large | 136 Stat. 2290 |
| Codification | |
| Titles amended | 42 U.S.C.: The Public Health and Welfare |
| U.S.C. sections created | 42 U.S.C. § 19401,§ 19402,§ 19403,§ 19404 |
| Legislative history | |
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TheSpeak Out Act (S.4524) is anAct of Congress which prevents the enforcement ofnon-disclosure agreements in instances of sexual assault and harassment. Introduced by senatorKirsten Gillibrand of New York during the second session of the117th Congress, the legislation was approved unanimously in theSenate and was passed by theHouse of Representatives by a vote of 315 to 109.[1][2]
PresidentJoe Biden signed the bill into law on December 7, 2022.[3]
One of theMeToo movement's primary targets was the enactment ofnon-disclosure agreements, which MeToo leaders saw as a tool which sexual predators, especially within corporate American culture, could use in courts to prevent victims from raising concerns of inappropriate behaviors. Beginning mostly under theBiden administration, Congress has responded in a variety of ways, most notably passing theEnding Forced Arbitration of Sexual Assault and Sexual Harassment Act in March 2022, which bans the enforcement ofarbitration clauses andclass action waivers in cases of sexual harassment.[4]
FormerFox News anchorGretchen Carlson has been a major backer for both this bill as well as otherMeToo inspired legislation. On the subject of non-disclosure agreements, Carlson called the vast outreach of the clauses "inane", and further indicated that many employees are pressured into signing these agreements on their first day of employment with a firm.[5]
In the text of the bill, Congress stated that it had found non-disclosure agreements to perpetuate illegal conduct. Congress also stated that while 81% of women had experienced sexual harassment and assault at work, 43% of men had also experienced similar treatment, and that the freedom to report such conduct should not be inhibited, which banning non-disclosure agreements would enable.[2]
The bill was first introduced in July 2022 in the Senate by senatorKirsten Gillibrand with 9 Democratic and 5 Republican cosponsors, including judiciary committee chairDick Durbin and ranking memberChuck Grassley. The bill passed theSenate withunanimous consent on September 29, 2022.[6]
The bill passed the house on November 16, 2022. Of the representatives voting, all 215Democrats and 100Republicans voted in favor, with 109 GOP members not supporting the legislation. Both parties' major leadership, includingSteny Hoyer andJim Clyburn on the Democratic side andKevin McCarthy,Elise Stefanik andSteve Scalise on the Republican side, supported the bill's passage.[7]
Following completion of its Congressional stages, PresidentJoe Biden signed the bill into law on December 7, 2022.[3]
The Speak Out Act came to prominence in March 2023, when professional golferTiger Woods was sued by former girlfriend Erica Herman and petitioned a judge to remove her from a 2017 NDA she signed with Woods. Herman's complaint cites the Speak Out Act and expresses belief that her NDA with Woods is invalid and unenforceable, though her complaint stated she was unsure on whether the non-disclosure agreement would enable discussions about her life with others.[8]
Former assistant Asta Jonasson filed a lawsuit against Vin Diesel for sexual battery.[9]
