“I just signed the Speak Out Act, a bill that’ll enable survivors to speak out about workplace assault and harassment and increase access to justice,” President Joe Biden wrote on Twitter on December 7, 2022.

The bipartisan Speak Out Act passed the Senate by unanimous consent on September 29 and the House on November 16 with a roll call vote of 315-109.

The Act applies to claims filed on or after December 7, 2022.

What Does the Speak Out Act Say?

The Act limits the enforcement of predispute nondisclosure and nondisparagement clauses relating to sexual assault and sexual harassment claims.

Under the Act, a nondisclosure clause is “a provision in a contract or agreement 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.”

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.”

The Act provides: “with respect to a sexual assault dispute or sexual harassment dispute, no nondisclosure clause or nondisparagement clause agreed to before the dispute arises shall be judicially enforceable in instances in which the conduct is alleged to have violated Federal, Tribal, or State law.”

As set forth in similar state legislation, the Act...

Read Full Story: https://news.google.com/__i/rss/rd/articles/CBMilAFodHRwczovL3d3dy5qYWNrc29ub...