President Biden Signs Speak Out Act, Curbing Use Of Non-Disclosure Agreements In Harassment Cases

Highlights
On December 7, 2022, President Joe Biden signed the Speak Out Act, which bans the use of pre-dispute non-disclosure and non-disparagement contract clauses involving sexual assault and sexual harassment
The Speak Out Act may impact employers’ new hire onboarding procedures, separation procedures and pre-dispute resolution strategies
Although the act limits the use of non-disclosure and non-disparagement agreements applicable to sexual harassment and assault, it does not prohibit the use of these agreements completely
On December 7, 2022, President Joe Biden signed the Speak Out Act, which bans the use of pre-dispute non-disclosure and non-disparagement contract clauses involving sexual assault and sexual harassment. The act applies to agreements between employers, current employees, former employees and independent contractors.
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