Overview

The Speak Out Act (S.4524) is a federal law enacted to limit the enforceability of pre-dispute non-disclosure and non-disparagement clauses related to sexual assault and sexual harassment disputes. Introduced by Senator Kirsten Gillibrand (D–NY) on July 13, 2022, the act received bipartisan support, passing the Senate by unanimous consent on September 29, 2022, and the House of Representatives on November 16, 2022, with a vote of 315–109. President Joe Biden signed the bill into law on December 7, 2022. ​

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Origins and Rationale

The #MeToo movement highlighted the pervasive issue of sexual misconduct in various industries and the mechanisms that silenced survivors, including non-disclosure agreements (NDAs). These agreements often prevented individuals from speaking out about their experiences, allowing perpetrators to avoid accountability. The Speak Out Act was introduced to address this problem by ensuring that NDAs could not be used to silence survivors before any dispute arises. ​

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Key Provisions

• Limitation on Enforceability: The act renders pre-dispute NDAs and non-disparagement clauses unenforceable concerning sexual assault and sexual harassment disputes, allowing survivors to discuss their experiences without fear of legal repercussions. ​en.wikipedia.org

• Scope: The law applies to any NDA or non-disparagement clause agreed upon before a dispute arises, specifically related to sexual assault or harassment allegations. ​en.wikipedia.org

 

Impact of Lift Our Voices and Gretchen Carlson

Gretchen Carlson, a former Fox News anchor, became a prominent advocate against workplace harassment following her own experiences. In 2019, she co-founded Lift Our Voices with Julie Roginsky, aiming to eliminate silencing mechanisms like NDAs and forced arbitration clauses that prevent survivors from speaking out. ​

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Carlson and Lift Our Voices played a significant role in advocating for the Speak Out Act. They worked alongside legislators to highlight how NDAs were being misused to conceal misconduct and protect offenders. Their efforts included raising public awareness and providing testimony to support the legislation, contributing to its successful passage. ​

Implications for Individuals

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The enactment of the Speak Out Act empowers survivors of sexual assault and harassment by ensuring they are not legally bound to silence through pre-dispute NDAs. This change promotes transparency, encourages reporting of misconduct, and holds perpetrators accountable, fostering safer and more equitable workplaces. ​

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Current Status

As of December 7, 2022, the Speak Out Act is in effect, providing legal protections that prevent the enforcement of pre-dispute NDAs and non-disparagement clauses in cases of sexual assault and harassment. This legislation represents a significant step toward protecting survivors' rights and promoting a culture of openness and accountability.