[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4524 Enrolled Bill (ENR)]

        S.4524

                    One Hundred Seventeenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
          the third day of January, two thousand and twenty two


                                 An Act


 
  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.
    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 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 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. DEFINITIONS.
    In this Act:
        (1) Nondisclosure clause.--The term ``nondisclosure clause'' 
    means a provision in a contract or agreement 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) Nondisparagement clause.--The term ``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, 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. 4. LIMITATION ON JUDICIAL ENFORCEABILITY OF 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 nondisclosure clause or nondisparagement clause 
agreed to before the dispute arises 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.--Nothing in this Act 
shall prohibit a State or locality from enforcing a provision of State 
law governing nondisclosure or nondisparagement clauses that is at 
least as protective of the right of an individual to speak freely, as 
provided by 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.
    (d) Protection of Trade Secrets and Proprietary Information.--
Nothing in this Act shall prohibit an employer and an employee from 
protecting trade secrets or proprietary information.
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 enactment of this 
Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.