Megan K. Mechak
Thu, 11/17/2022
With bipartisan support, the Speak Out Act (S. 4525) is headed to President Biden’s desk for signature. The Act prohibits enforcement of nondisclosure or nondisparagement agreements in disputes relating to sexual harassment or sexual assault if the agreement was signed before the dispute arose. These agreements, often called “gag orders,” prevent victims from addressing sexual harassment or assault over fear of violating agreements they signed before the misconduct began. During a debate on the floor, one of the main supporters of the bill, Rep. Lois Frankel (D-FL) said, “The forced NDA punishes a survivor and protects the perpetrator who is set to abuse and abuse and abuse again. … Today we hold abusers accountable and change the culture of the work place.” The law does not prohibit nondisclosure or non disparagement agreements signed after the sexual harassment or sexual assault occurred.
The Speak Out Act is the second law relating to the #MeToo movement passed this year. On March 3, 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445) which banned mandatory arbitration for workplace sexual harassment and assault claims and made it easier for victims to pursue their claims in court.
For more information on the #MeToo movement’s impact five years in, visit MSE’s round up from October 2022. MSE has a history of, and commitment to, representing workers who have faced unlawful discrimination in the workplace. Even before the #MeToo movement, MSE helped workers assert their right to a harassment-free workplace, and it continues to do its part to build upon the gains of the past five years. If you have experienced sex-based discrimination or harassment in your workplace, please do not hesitate to reach out through our website, or via email: info@mselaborlaw.com.
