,,ii  #aagth ,,congress  #b;d ,session  
,s4 #debd  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,july #ac1     
#bjbb,mrs4 ,gillibrand 7for herself1    
,mrs4 ,blackburn1 ,ms4 ,hirono1 and ,mr4
 ,graham7 introduced the following bill2
 which was read twice and referred to   
the ,committee on the ,judiciary  ,a    
,,bill  ,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 predispute    

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        
,predispute nondisclosure clause ,the   
term predispute nondisclosure clause    
means a provision in a contract or      
agreement agreed to before a lawsuit is 
filed under ,federal1 ,state1 or ,tribal
 law 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 ,predispute nondisparagement     
clause ,the term predispute             
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 predispute           
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 predispute       
nondisclosure clause or predispute      

nondisparagement clause 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 ,this ,act shall not be      
construed to supersede a provision of   
,state law that establishes1 implements1
 or continues in effect a requirement or
 prohibition except to the extent that  
such requirement or prohibition prevents
 the application of 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