Back to News

President Biden Signs “Speak Out Act” Restricting Use of Non-Disclosure Agreements to Muzzle Sexual Harassment and Sexual Assault Victims

Published on

December 12, 2022

On Wednesday, December 7, 2022, President Biden signed into law the Speak Out Act. The new Act is effective immediately and applies to any nondisclosure agreements before a dispute has occurred. More specifically, any agreement that includes a nondisclosure or non-disparagement provision relating to sexual assault or sexual harassment claims is prohibited before a dispute has occurred. Since the Act is narrow in scope, it does not apply to settlement agreements resolving claims already raised. Moreover, it does not prohibit employers from using nondisclosure agreements to protect trade secrets and other confidential business information. However, employers should review their existing employment, confidentiality and other standard agreements to ensure that the language comports with the Act and does not restrict victims of sexual harassment or sexual assault from speaking out before a dispute arises.

Our Employment Practice Group regularly assists employers in reviewing employment and confidentiality agreements for legal compliance. Please reach out to a member of our group for assistance. 


Related News

View More News
News Alert
May 7, 2024

DOL Publishes Final Rule Redefining Investment Advice Fiduciary

Last week, the United States Department of Labor (“DOL”) published a fi...

Learn More
News Alert
April 30, 2024

EEOC’s New Harassment Guidance: What Employers Need to Know

On Monday, April 29, 2024, the Equal Employment Opportunity Commission issu...

Learn More
Press Release
April 26, 2024

Barley Snyder Managing Partner Jennifer Craighead Carey named to CPBJ 2024 Power Law List

For Immediate Release Lancaster, Pa. – Barley Snyder is pleased to announ...

Learn More

Other Upcoming Events

View All Upcoming Events
Jun
18
12:00 pm
-
1:00 pm
event
Location

FTC Non-Compete Ban: What Businesses Need to Know – Webinar

Learn More

Get in Touch

Our attorneys, paralegals and staff look forward to hearing from you. Please reach out to let us know how we can help.

Get In Touch
RECOGNIZED IN
Super Lawyers
Best Law Firms US News
Best Lawyers