November 21, 2022
The U.S. House of Representatives has passed a pioneering bill to nullify certain workplace nondisclosure agreements (“NDAs”) in cases of alleged sexual harassment or assault. The bill—called The Speak Out Act—awaits the President’s signature after passing the House with a 315-109 bipartisan vote last Wednesday afternoon and clearing the Senate with unanimous support last September.
Businesses commonly use NDAs to protect confidential information from becoming public knowledge, including trade secrets and personally identifiable information. The Speak Out Act affects the enforceability of NDAs by allowing previously silenced employees, who were subjected to sexual harassment or assault, to address their concerns through the legal system. The bill arrives nearly six years after the #MeToo social movement urged survivors of sexual harassment or assault to share their experiences, resulting in wide-spread reexamination of appropriate workplace conduct.
The attorneys at Farhang & Medcoff know how difficult it is to plan, manage, and respond to personnel issues with integrity. After all, we take care of our own personnel as an independent, small business. If you are an employer and have questions about NDAs, employee codes of conduct, day-to-day workplace concerns, or any other legal issue, please call us at (520)214-2000.
This writing is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by the dissemination of this writing.
