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
Newsletter
February 23, 2024

Barley Snyder 2023 Year In Review

Check out what the professionals of Barley Snyder have been up to in 2023 a...

Learn More
News Alert
February 20, 2024

The H-1B Lottery to Open with a New Registration Selection Process: What Employers Need to Know

The H-1B lottery opens for registration from March 6, 2024 through March 22...

Learn More
News Alert
February 13, 2024

U.S. Supreme Court Eases Employees’ Burden of Proof in SOX Retaliation Cases

According to a recent U.S. Supreme Court decision, employees who believe th...

Learn More

Other Upcoming Events

View All Upcoming Events
Mar
20
12:00 pm
-
6:00 pm
event
Location

LendiCon 2024

Learn More
May
10
8:00 am
-
5:00 pm
event
Location

41st Annual Employment Law Seminar

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