#aagth ,,congress  #b;d ,session  ,s4   
#debd  ,,an ,,act  ,to limit the        
judicial enforceability of predispute   
nondisclosure and nondisparagement      
contract clauses relating to disputes   
involving sexual assault and sexual     
harassment4  #a4 ,short title ,this ,act
 may be cited as the ,speak ,out ,act4  
#b4 ,findings ,congress finds the       
following3 7#a7 ,sexual harassment and  
assault remain pervasive in the         
workplace and throughout civic society1 
affecting millions of ,americans4  7#b7 
,eighty-one percent of women and #dc    
percent of men have experienced some    
form of sexual harassment or assault    
throughout their lifetime4  7#c7 ,one in
 #c women has faced sexual harassment in
 the workplace during her career1 and an
 estimated #hg to #id percent of those  
who experience sexual harassment never  
file a formal complaint4  7#d7 ,sexual  
harassment in the workplace forces many 
women to leave their occupation or      
industry1 or pass up opportunities for  

advancement4  7#e7 ,in order to combat  
sexual harassment and assault1 it is    
essential that victims and survivors    
have the freedom to report and publicly 
disclose their abuse4  7#f7             
,nondisclosure and nondisparagement     
provisions in agreements between        
employers and current1 former1 and      
prospective employees1 and independent  
contractors1 and between providers of   
goods and services and consumers1 can   
perpetuate illegal conduct by silencing 
those who are survivors of illegal      
sexual harassment and assault or illegal
 retaliation1 or have knowledge of such 
conduct1 while shielding perpetrators   
and enabling them to continue their     
abuse4  7#g7 ,prohibiting nondisclosure 
and nondisparagement clauses will       
empower survivors to come forward1 hold 
perpetrators accountable for abuse1     
improve transparency around illegal     
conduct1 enable the pursuit of justice1 
and make workplaces safer and more      
productive for everyone4  #c4           

,definitions ,in this ,act3 7#a7        
,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    
conduct1 the existence of a settlement  
involving conduct1 or information       
covered by the terms and conditions of  
the contract or agreement4  7#b7        
,nondisparagement clause ,the term      
nondisparagement clause means a         
provision in a contract or agreement    
that requires #a or more parties to the 
contract or agreement not to make a     
negative statement about another party  
that relates to the contract1 agreement1
 claim1 or case4  7#c7 ,sexual assault  
dispute ,the term sexual assault dispute
 means a dispute involving a            
nonconsensual sexual act or sexual      
contact1 as such terms are defined in   
section #bbdf of title #ah1 ,united     
,states ,code1 or similar applicable    
,tribal or ,state law1 including when   

the victim lacks capacity to consent4   
7#d7 ,sexual harassment dispute ,the    
term sexual harassment dispute means a  
dispute relating to conduct that is     
alleged to constitute sexual harassment 
under applicable ,federal1 ,tribal1 or  
,state law4  #d4 ,limitation on judicial
 enforceability of nondisclosure and    
nondisparagement contract clauses       
relating to sexual assault disputes and 
sexual harassment disputes  7a7 ,in     
general ,with respect to a sexual       
assault dispute or sexual harassment    
dispute1 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     
,federal1 ,tribal1 or ,state law4  7b7  
,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  
freely1 as provided by this ,act4  7c7  
,continued ,applicability of ,federal1  
,state1 and ,tribal ,law ,this ,act     
shall not be construed to supersede a   
provision of ,federal1 ,state1 or       
,tribal ,law that governs the use of    
pseudonyms in the filing of claims      
involving sexual assault or sexual      
harassment disputes4  7d7 ,protection of
 trade secrets and proprietary          
information ,nothing in this ,act shall 
prohibit an employer and an employee    
from protecting trade secrets or        
proprietary information4  #e4           
,applicability ,this ,act shall apply   
with respect to a claim that is filed   
under ,federal1 ,state1 or ,tribal law  
on or after the date of enactment of    
this ,act4  ,passed the ,senate         
,september #bi1 #bjbb4,secretary