HR Dive: Are NDAs on the way out?

As the fifth anniversary of the #MeToo movement nears, Congress is making moves to dismantle some of the workplace roadblocks that brought it about.

Are NDAs on the way out? Action in Congress and across a number of states indicate that could be the case — potentially along with mandatory arbitration. 

On Sept. 29 — about two weeks before #MeToo’s fifth anniversary — the Senate passed the SPEAK Out Act, which invalidates nondisclosure and nondisparagement agreements in cases of sexual assault and sexual harassment. The bill, sponsored by Kirsten Gillibrand, D-N.Y., and co-sponsored by a range of Republicans and Democrats including Lindsey Graham, R-S.C., and Amy Klobuchar, D-Minn., passed by unanimous consent. The bill now awaits consideration by the House.