New Federal Law Limits Enforceability of Predispute Nondisclosure and Nondisparagement Clauses Related to Sexual Harassment

The Speak Out Act (the Act), which imposes limits on the judicial enforcement of predispute nondisclosure and nondisparagement provisions as they relate to sexual harassment and sexual assault, was signed into law by President Biden on December 7, 2022.

Overview
The Act provides that with respect to disputes involving sexual harassment or sexual assault, nondisclosure and nondisparagement clauses that were agreed to before a dispute arose are not legally enforceable in instances where the misconduct is alleged to have violated federal, state or tribal law. Read more…