The Speak Out Act

The Speak Out Act (S.O.A.), spearheaded by LIFT OUR VOICES, and enacted in December 2022, marks a significant step forward in protecting the rights of employees facing sexual harassment or assault in the workplace.

This groundbreaking legislation aims to limit the enforceability of Non-Disclosure Agreements (NDAs) and non-disparagement clauses that previously silenced victims.

Here’s a closer look at what this law means, and when and why it’s important for you.

The Speak Out Act

The Speak Out Act was created to empower victims of sexual harassment and assault by ensuring they are not silenced through NDAs or non-disparagement clauses. Here are the key aspects of this law:

• Effective Date: Applies to agreements signed after December 7, 2022
• Scope: Relevant to disputes involving claims of sexual harassment or assault
• Limitations: Invalidates NDAs and non-disparagement clauses that attempt to prevent employees from discussing sexual misconduct in the workplace
• Narrow focus: The law does not apply to agreements related to other types of misconduct or disputes not involving sexual harassment or assault

Key Provisions

• Pre-dispute NDAs: Provisions that restrict employees from discussing incidents of sexual harassment or assault are unenforceable if signed before a dispute arises, for example, NDA terms in a hiring contract
• Post-dispute NDAs: NDAs signed after the dispute arises are unaffected, allowing for confidentiality in settlements if mutually agreed upon

What the Speak Out Act Means for Victims of Sexual Harassment and Assault

• Empowerment to Speak Out: Employees can discuss allegations of sexual harassment or assault without fearing legal repercussions from NDAs signed before the incidents
• Breaking the Silence: The law empowers victims to share their experiences, seek support, and contribute to a more transparent and accountable workplace culture

Legal Protections

• Court Authority: Courts have the authority to determine the enforceability of NDAs based on when and how the agreements were signed
• Consensual Agreements: NDAs signed after a dispute must be consensual and specific about what information remains confidential, ensuring fairer terms for victims

Why This Legislation is Important

• Transparency: By limiting the use of NDAs to silence victims, the Speak Out Act promotes greater transparency in handling workplace harassment cases
• Accountability: Employers can no longer use NDAs to hide sexual misconduct, fostering accountability and helping to create safer work environments
• Support and Justice: Victims are better positioned to seek justice and support, without the barriers previously imposed by overly restrictive NDAs

State Laws: Additional Protections and Resources

• While the Speak Out Act provides employees with greater options when signing an NDA, nearly 20 states have enacted laws that restrict the use of NDAs when dealing with sexual misconduct in the workplace.  These laws can vary from state to state. For detailed information on the NDA laws impacting your state, you can visit Lift Our Voices.

The Speak Out Act represents a vital change in how NDAs are used in the context of workplace sexual harassment and assault. By preventing these agreements from silencing victims, the legislation fosters a more transparent and supportive environment for those affected.