On December 7th, 2022, President Biden signed a new law protecting victims of sexual harassment. The bipartisan bill, known as the Speak Out Act, passed the House of Representatives by a 315-109 vote and cleared the Senate unanimously. The law grants survivors the right to come forward with their experiences of workplace misconduct when they have previously been silenced.
The “Speak Out” Act is the latest legislative action taken in response to the “#MeToo” movement. In March, President Biden signed a law allowing victims of sexual misconduct in the workplace to go to court versus forcing them to settle cases through arbitration.
How the Speak Out Act Protects Victims of Sexual Harassment
The Speak Out Act makes nondisclosure agreements (NDAs) signed by employees unenforceable with respect to sexual misconduct. Nondisclosure agreements aimed to stop private company information from being leaked to the general public. However, in practice, they prevent employees from coming forward about misconduct in the workplace to protect the reputation of businesses. The new legislation permits employees to publicly speak about workplace misconduct instead of forcing them to stay silent under these NDAs.
How Will Workplace Sexual Harassment Policies Change?
Employers often require employees to sign nondisclosure agreements. Workers who sign NDAs are often unaware they cover incidents of sexual misconduct in the workplace. One-third of all employees are currently working under an NDA that forces them to stay silent about sexual harassment.
However, with the Speak Out Act becoming law, this will change. Overall, it is essential that employees understand their right to come forward about allegations of misconduct. Businesses must understand that NDAs no longer cover sexual misconduct incidents.
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Reference
PBS NewsHour (2022, December 7). Biden signs law curbing nondisclosure agreements that block victims of sexual harassment from speaking out. Retrieved from: https://www.pbs.org/newshour/politics/biden-signs-law-curbing-nondisclosure-agreements-that-block-victims-of-sexual-harassment-from-speaking-out.
