Speak Out Act
This bill prohibits the judicial enforceability of a predispute nondisclosure clause or predispute nondisparagement clause in a sexual assault dispute or sexual harassment dispute involving conduct that allegedly violates federal, tribal, or state law.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8227 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8227
To limit the judicial enforceability of predispute nondisclosure and
nondisparagement contract clauses relating to disputes involving sexual
assault and sexual harassment.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 24, 2022
Ms. Lois Frankel of Florida (for herself, Mr. Buck, Mr. Cicilline, Mr.
Griffith, Mr. Nadler, Mrs. Bustos, and Ms. Jayapal) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To limit the judicial enforceability of predispute nondisclosure and
nondisparagement contract clauses relating to disputes involving sexual
assault and sexual harassment.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Speak Out Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Sexual harassment and assault remain pervasive in the
workplace and throughout civic society, affecting millions of
Americans.
(2) Eighty-one percent of women and 43 percent of men have
experienced some form of sexual harassment and/or assault
throughout their lifetime.
(3) One in 3 women has faced sexual harassment in the
workplace during her career, and an estimated 87 to 94 percent
of those who experience sexual harassment never file a formal
complaint.
(4) Sexual harassment in the workplace forces many women to
leave their occupation or industry, or pass up opportunities
for advancement.
(5) In order to combat sexual harassment and assault, it is
essential that victims and survivors have the freedom to report
and publicly disclose their abuse.
(6) Nondisclosure and nondisparagement provisions in
agreements between employers and current, former, and
prospective employees, and independent contractors, and between
providers of goods and services and consumers, can perpetuate
illegal conduct by silencing those who are survivors of illegal
sexual harassment and assault or illegal retaliation, or have
knowledge of such conduct, while shielding perpetrators and
enabling them to continue their abuse.
(7) Prohibiting predispute nondisclosure and
nondisparagement clauses will empower survivors to come
forward, hold perpetrators accountable for abuse, improve
transparency around illegal conduct, enable the pursuit of
justice, and make workplaces safer and more productive for
everyone.
SEC. 3. LIMITATION ON JUDICIAL ENFORCEABILITY OF PREDISPUTE
NONDISCLOSURE AND NONDISPARAGEMENT CONTRACT CLAUSES
RELATING TO SEXUAL ASSAULT DISPUTES AND SEXUAL HARASSMENT
DISPUTES.
(a) In General.--With respect to a sexual assault dispute or sexual
harassment dispute, no predispute nondisclosure clause or predispute
nondisparagement clause shall be judicially enforceable in instances in
which conduct is alleged to have violated Federal, Tribal, or State
law.
(b) Continued Applicability of State Law.--This Act shall not be
construed to supersede a provision of State law that establishes,
implements, or continues in effect a requirement or prohibition except
to the extent that such requirement or prohibition prevents the
application of this Act.
(c) Continued Applicability of Federal, State, and Tribal Law.--
This Act shall not be construed to supersede a provision of Federal,
State, or Tribal Law that governs the use of pseudonyms in the filing
of claims involving sexual assault or sexual harassment disputes.
SEC. 4. DEFINITIONS.
For purposes of this Act:
(1) Predispute nondisclosure clause.--The term ``predispute
nondisclosure clause'' means a provision in a contract or
agreement agreed to before a lawsuit is filed under Federal,
State, or Tribal law, 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.
(2) Predispute nondisparagement clause.--The term
``predispute 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.
(3) Sexual assault dispute.--The term ``sexual assault
dispute'' means a dispute involving a nonconsensual sexual act
or sexual contact, as such terms are defined in section 2246 of
title 18 of the United States Code, or similar applicable
Tribal or State law, including when the victim lacks capacity
to consent.
(4) Sexual harassment dispute.--The term ``sexual
harassment dispute'' means a dispute relating to conduct that
is alleged to constitute sexual harassment under applicable
Federal, Tribal, or State law.
SEC. 5. APPLICABILITY.
This Act shall apply with respect to a claim that is filed under
Federal, State, or Tribal law on or after the date of the enactment of
this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 22 - 13.
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