Speak Out Act: New Law Addresses NDAs in Sexual Harassment and Assault Cases

Last Wednesday, November 16, 2022, the US Congress passed the S.4524 bill (the “Speak Out Act”) that will limit the use and enforceability of non-disclosure and non-disparagement provisions in pre-dispute agreements with employees and independent contractors relating to sexual harassment and sexual assault allegations. If President Joe Biden signs the bill into law, the bill would render agreements reached before a sexual harassment or sexual assault dispute void and unenforceable in instances where “conduct is alleged to have violated Federal, Tribal, or State law.”