THE SPEAK OUT ACT
President Biden signed the Speak Out Act on December 07, 2022. This bill releases employees from certain Non-Disclosure Agreements (NDA), the law changes the Right to Report Sexual Harassment and Sexual Assault in the workplace.
NDA’s have been consistently been utilized to cover up and conceal sexual misconduct in the workplace. Prior to passing the Speak Out Act, an employee could be sued for speaking out about the misconduct publicly or to anyone.
The Speak Out Act only covers harassment and assault and only spans from the first day of work up until the filing of the incident (s) of misconduct. An employer will not be able to enforce non-disclosure and non-disparagement agreement clauses in provisions pertaining to sexual harassment and sexual assault previsions entered prior to an allegation of sexual assault or sexual harassment having been made.
The Speak Out Act does not cover racial, gender, sexual orientation, or age discrimination.
If signing an NDA is a required condition of employment, read the document carefully and in its entirety prior to signing.
Fear and retaliation techniques which work to prevent future employment opportunities for sexual assault and sexual harassment survivors is on the main reasons for remaining silent after incidents of misconduct has occurred.
