How a ban, sponsored by Lois Frankel, now curbs the use of NDAs for victims of sexual misconduct
The Speak Out Act stems from the #MeToo movement that galvanized attention on the way nondisclosure agreements have been used to prevent people who’ve been assaulted or harassed from telling anyone — including close family members — what they were subjected to.
“We’re taking the gag off the survivors of sexual assault and sexual harassment,” said U.S. Rep. Lois Frankel, D-West Palm Beach, the lead sponsor of the legislation in the House. “The implications of having these NDAs, or all these gags, is that people were having to suffer in silence and abusers were allowed to continue abusing without anybody else knowing about it.”
The Speak Out Act, signed into law by President Joe Biden on Dec. 7, prohibits the use of pre-disclosure NDAs against victims of sexual misconduct. They may still be present in contracts, but can’t be enforced.
After-the-fact NDAs are still permitted. A victim could agree to an NDA as part of a settlement agreement with an employer or business, Frankel said.
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The Speak Out Act of 2022
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