Should Congress make NDAs that involve workplace sexual assault and harassment unenforceable?
The Speak Out Act would limit the enforceability of non-disclosure agreements (NDAs) pertaining to workplace sexual assault and harassment. If the Act passes, nondisclosure and nondisparagement clauses (an agreement between the employee and employer in which the employee agrees to not say anything negative about their employer) will be judicially unenforceable if the conduct in question (workplace sexual assault and harassment) violated state, tribal, or federal law.
Sponsor: Senator Kirsten Gillibrand (D, NY)
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Opponents say
• At the time of research and publication, no official opponent statements were found. This does not necessarily mean that nobody opposes the bill, no does it mean that statements won’t be made in the future.
Proponents say
• "The Bipartisan Speak Out Act would prohibit the use of pre-dispute NDAs in sexual harassment and sexual assault cases in situations in which survivors wish to break their silence. I’m committed to fixing this broken system that uses secrecy to protect predators and silence survivors" Source: Senator Kirsten Gillibrand (Democrat, New York)
• "Women who are victims of sexual assault or abuse in the workplace have raised the issue of NDAs being used to coerce silence. Unfortunately, there are some corporate entities that have used NDAs inappropriately. Our legislation will implement guidelines to provide employees who step forward with the due process they deserve" Source: Senator Marsha Blackburn (Republican, Tennessee)
• "People who experience sexual harassment or assault should be able to demand accountability in the courtroom or the public square, and a nondisclosure agreement shouldn’t bar survivors from sharing their stories if they so choose. This bipartisan bill makes clear that survivors have a right to speak out about sexual harassment or assault regardless of any prior agreement they signed." Source: Senator Chuck Grassley (Republican, Iowa)
