"Gretchen, thank you very much… You went from speaking to millions to speaking for millions and speaking for a movement.”
— PRESIDENT JOE BIDEN
Our federal legislative victories
The Ending Forced Arbitration for Sexual Assault and Sexual Harassment Act, which passed both houses of Congress with overwhelming bipartisan support, was signed into law by President Biden in March, 2022. It eradicates forced arbitration in cases of sexual misconduct.
The Speak Out Act, which also passed both houses of Congress with overwhelming bipartisan support, was signed into law by President Biden in December, 2022. It bans pre-dispute non-disclosure and non-disparagement agreements for sexual assault and harassment.
“This legislation gives us a choice. We can protect rapists, predators, perverts in the workplace, or we can give voice to survivors and the most vulnerable among us”
— REP. KEN BUCK (R-CO)
“This is among the largest workplace reforms certainly in our lifetime.”
— SEN. KIRSTEN GILLIBRAND (D-NY)
Federal Legislative Timeline
Find Your State to Learn Your Rights.
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This state has not yet banned NDA’s.
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This state has not yet banned NDA’s.
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Cover More Employers: (2022) enacted legislation lowering the employer-size threshold to one or more employees for claims alleging sexual harassment or retaliation for alleging, reporting, or testifying about sexual harassment. For other forms of discrimination, the legislature retained the 15-or-more employees requirement.
Limit Nondisclosure Agreements (NDAs): (2018) enacted legislation to allow an individual who is bound by an NDA to break the NDA if asked about criminal sex offenses by law enforcement or during a criminal proceeding. The legislation also prohibits public officials from using public funds to enter into a settlement with an NDA related to sexual assault or sexual harassment.
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This state has not yet banned NDA’s.
Aa
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Silenced No More Act: (2021) clarifies that employers may not use non disparagement agreements or nondisclosure agreements to prevent an employee from discussing factual information related to a claim for workplace harassment or discrimination, whether or not the harassment or discrimination is based on sex.
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Protect More Employees: (2022) expanded the definition of “employee” under the Colorado Anti-Discrimination Act (CADA) to include individuals in domestic service.
Extend Statute of Limitations: (2022) amended the Colorado Anti-Discrimination Act (CADA) to extend the statute of limitations for filing a discrimination claim from 180 days to 300 days.
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Cover More Employers: (2022) enacted legislation extending protections against discrimination to all employers, regardless of size. Previously, Connecticut’s anti-discrimination law only covered employers with three or more employees.
Extend Statute of Limitations: (2019) enacted legislation to allow employees who have been subjected to discrimination, including harassment, 300 days to submit a complaint to the Connecticut Commission on Human Rights and Opportunities where previously they had only 180 days.
Cc
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Require Anti-Harassment Training: (2019) enacted legislation to require employers with 50 or more employees to provide interactive sexual harassment prevention training and education to employees and supervisors within one year of beginning employment and every two years thereafter. Employers are required to provide additional interactive training for supervisors addressing their specific responsibilities to prevent and correct sexual harassment and retaliation.
Ensure Employer Liability for Supervisor Harassment: (2018) enacted legislation to hold employers responsible for sexual harassment by supervisors when the sexual harassment negatively impacts the employment status of an employee. A supervisor includes any individual who is empowered by the employer to take an action to change the employment status of an employee or who directs an employee’s daily work activities.
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Protect More Workers: (2022) enacted legislation that amended the definition of “employee” to include independent contractors so that independent contractors are also protected against discrimination in the workplace.
Revise “Severe or Pervasive” Standard: (2022) enacted legislation to strengthen protections against workplace harassment, including by redefining harassment and sexual harassment to disavow the severe or pervasive standard. The new definitions also include factors, derived from federal case law, including the frequency and duration of the conduct, that factfinders should consider when determining whether unlawful workplace harassment took place.
Require Transparency about Sexual Harassment Claims: (2022) enacted legislation requiring District government agencies to collect data about the volume of employee sexual harassment complaints and the outcomes of such complaints, including the amounts of settlements involving the agency. The law also requires the Office of Human Rights to compile and submit an annual report to the Council and Office of the Attorney General regarding the data collected.
Dd
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This state has not yet banned NDA’s.
Ff
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Strengthen Anti-retaliation Protections: (2022) passed legislation making it illegal for a county or city employer to retaliate against an employee or anyone working in a similar capacity for opposing sexual harassment or making a report or filing a charge or participating in an investigation about sexual harassment.
Gg
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Limit Nondisclosure Agreements (NDAs): (2020) enacted legislation prohibiting employers from requiring employees, as a condition of employment, to enter into NDAs preventing them from disclosing or discussing sexual harassment or assault occurring in the workplace or at work-related events. It also prevents employers from retaliating against employees for reporting or discussing sexual harassment or assault.
(2022) enacted legislation prohibiting employers from entering into a nondisclosure agreement that keeps an employee from discussing workplace-related sexual harassment or sexual assault. This legislation expanded upon Hawai’i’s previous NDA law, which only prohibited employers from requiring employees to enter into an NDA as a condition of employment.
Hh
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This state has not yet banned NDA’s.
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Limit Nondisclosure Agreements (NDAs): (2020) enacted legislation to render void any contract provision that would, as a unilateral condition of employment or continued employment, prevent employees or prospective employees from disclosing truthful information about discrimination, harassment, or retaliation. However, these contract provisions are allowed when they are a mutual condition of employment negotiated in good faith and the agreement is in writing; demonstrates actual, knowing, and bargained-for consideration from both parties; and acknowledges the employee’s right to report allegations to the appropriate government agency or official, participate in agency proceedings, make truthful statements required by law, and request and receive legal advice.
The legislation also prohibits an employer from unilaterally imposing such an NDA in a settlement or termination agreement, unless including such a provision is the documented preference of the employee and is mutually beneficial to both parties; the employer notifies the employee of their right to have an attorney review the settlement or termination agreement; there is valid, bargained for consideration in exchange for the confidentiality; the provision does not waive any future claims of harassment, discrimination, or retaliation; and the employee is given 21 days to consider the agreement and seven days to revoke the agreement.
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This state has not yet banned NDA’s.
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This state has not yet banned NDA’s.
Ii
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This state has not yet banned NDA’s.
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This state has not yet banned NDA’s.
Kk
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Limit Nondisclosure Agreements (NDAs): (2019) enacted legislation prohibiting settlements of workplace sexual harassment or sexual assault claims against the state that use public funds from containing an NDA preventing the claimant from disclosing the underlying facts and terms of the claims.
Protect Those Who Speak Up from Defamation Lawsuits: (2020) enacted legislation providing that non-profit organizations cannot be held liable for disclosing to a prospective employer, in good faith, information about a former employee, volunteer, or independent contractor engaging in sexual harassment, assault, abuse, trafficking, or misconduct.
Ll
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Limit Nondisclosure Agreements (NDAs): (2022) enacted legislation prohibiting employers from requiring employees to sign preemployment or employment contracts waiving any right to report or discuss unlawful employment discrimination. For settlement, separation, or severance agreements, the law allows NDAs that prevent the disclosure of factual information relating to employment discrimination only if the agreement expressly provides for separate monetary consideration for the NDA, the NDA applies to all parties to the agreement; the agreement states the employee retains the right to report, testify, or provide evidence to state or federal enforcement agencies or courts, and the employer retains a copy of the agreement for six years.
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Limit Nondisclosure Agreements (NDAs): (2018) enacted legislation to make unlawful NDAs and other waivers of substantive and procedural rights related to sexual harassment or retaliation claims in an employment contract or policy. The law also protects employees from retaliation for refusing to enter into such an agreement.
Stop Forced Arbitration: (2018) enacted legislation to render void, except as prohibited by federal law, any provision in an employment contract, policy, or agreement that waives any substantive or procedural right or remedy related to a future claim of sexual harassment or retaliation for reporting sexual harassment.
Revise “Severe or Pervasive” Standard: (2022) passed legislation updating the definition of “harassment.” Under the bill’s new standard, survivors would have to show that “based on the totality of the circumstances, the conduct unreasonably creates a working environment that a reasonable person would perceive to be abusive and hostile.” Moreover, the law specifically states that the conduct need not be “severe or pervasive” to rise to level of being illegal harassment.
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This state has not yet banned NDA’s.
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This state has not yet banned NDA’s.
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This state has not yet banned NDA’s.
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This state has not yet banned NDA’s.
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This state has not yet banned NDA’s.
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This state has not yet banned NDA’s.
Mm
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This state has not yet banned NDA’s.
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Limit Nondisclosure Agreements (NDAs): (2019) enacted legislation to render void and unenforceable provisions in settlement agreements that prevent a party from disclosing factual information relating to a civil or administrative action for a felony sexual offense, sex discrimination by an employer or a landlord, or retaliation by an employer or landlord for reporting sex discrimination. The law also prohibits courts from entering an order that would prevent disclosure of this information. The amount of a settlement agreement may still be kept confidential and claimants can request a confidentiality provision to protect their identity, unless a government agency or public official is a party to the settlement agreement.
(2021) limited employers’ use of NDAs by enacting legislation to render both contract and settlement provisions void and unenforceable if the provision restricts a party from testifying at a judicial or administrative proceeding related to the other party’s commission of a criminal offense, sexual harassment, discrimination, or related retaliation.
Extend Statute of Limitations: (2021) enacted legislation to expand protections for employees who report workplace problems internally and to clarify that the filing of a complaint with the Nevada Equal Rights Commission or the Equal Employment Opportunity Commission tolls the limitations periods to bring a lawsuit under Title VII or state law.
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This state has not yet banned NDA’s.
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Limit Nondisclosure Agreements (NDAs): (2019) enacted legislation to make NDAs in employment contracts or settlement agreements that prevent the disclosure of details relating to a claim of discrimination, retaliation, or harassment unenforceable against employees. If the employee publicly reveals sufficient information to identify the employer, the employee will not be able to enforce the employer’s nondisclosure obligations. Every settlement agreement must include a notice specifying that although the parties may have agreed to keep the settlement and underlying facts confidential, such a provision in an agreement is unenforceable against the employer if the employee publicly reveals sufficient details of the claim so that the employer is reasonably identifiable. The legislation also prohibits retaliation against an employee who refuses to enter into an agreement with an unenforceable provision.
Establish A Helpline: (2020) enacted legislation requiring the Civil Service Commission—an independent body that hears and rules on appeals filed by civil service employees and candidates—to set up a confidential hotline for state employees to report incidents of workplace harassment and discrimination, and to receive information about relevant laws, policies, and procedures, as well as referrals for further assistance and counseling, if requested. The Commission is required to produce an annual report to the public on the number and types of calls received.
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Limit Nondisclosure Agreements (NDAs): (2020) enacted legislation prohibiting private employers from requiring employees to sign an NDA in settlement agreements related to sexual harassment, discrimination, or retaliation or from preventing employees from disclosing sexual harassment, discrimination, or retaliation occurring in the workplace or at a work-related event. The legislation does allow for confidentiality about the amount of the settlement or, at the employee’s request, facts that could lead to the identification of the employee or factual information related to the underlying claim. No such confidentiality provisions, however, can preclude employees from testifying in judicial, administrative, or other proceedings pursuant to a valid subpoena or legal order.
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Limit Nondisclosure Agreements (NDAs): (2019) enacted legislation to render void and unenforceable any provision in an agreement between an employer and an employee or potential employee that prevents the disclosure of factual information related to discrimination, unless the provision provides notice that it does not prohibit the employee from speaking with law enforcement, the Equal Employment Opportunity Commission, a state division or local commission on human rights, or an attorney.
(2019) New York also enacted legislation to extend its 2018 law limiting NDAs in sexual harassment settlement agreements to more broadly limit NDAs in settlements relating to all discrimination claims. This legislation also added additional protections for complainants choosing to enter into an NDA, including requiring the provision be written in plain English and in the primary language of the employee and providing that the provision is void if it prevents the employee from participating in an agency’s investigation or from disclosing facts necessary to receive public benefits.
Protect Those Who Speak Up From Defamation Lawsuits: (2020) passed legislation strengthening its “anti-SLAPP” law by expanding the definition of “public interest” to cover “any subject other than a purely private matter” and requiring an award of attorneys’ fees and costs for an individual who defeats a SLAPP lawsuit. The bill sponsor and advocates spoke of this legislation as protecting those who speak out against sexual harassment, abuse, and assault from being “slapped” with defamation lawsuits.
Establish A Helpline: (2022) passed a bill establishing a toll-free confidential hotline for individuals with complaints of workplace sexual harassment to seek counsel and assistance.
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This state has not yet banned NDA’s.
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This state has not yet banned NDA’s.
Nn
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This state has not yet banned NDA’s.
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This state has not yet banned NDA’s.
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Limit Nondisclosure Agreements (NDAs): (2019) enacted legislation to prohibit employers from requiring an employee or prospective employee as a condition of employment, continued employment, promotion, compensation, or the receipt of benefits to enter into an agreement preventing the disclosure of discrimination (including harassment) or sexual assault that occurred in the workplace, at a work-related event, or between an employer and an employee off the employment premises. An employer may enter into a settlement, separation, or severance agreement with a nondisclosure or a nondisparagment provision preventing the disclosure of factual information relating to discrimination, harassment, or sexual assault only if the employee claiming to be discriminated against requests it and is given seven days to revoke the agreement.
(2019) enacted legislation prohibiting candidates, political committees of campaigns, and public office holders from using campaign funds and public funds to make payments in connection with a nondisclosure agreement relating to workplace discrimination, including harassment and sexual assault.
(2022) enacted legislation clarifying its law limiting the use of NDAs in employment contracts and settlements. The law provides that a settlement agreement cannot include an NDA as to the amount of or fact of any settlement, unless the employee requests it. This is in addition to the existing limitation on NDAs that would prevent disclosure of discriminatory workplace conduct. The new law also provides that an employer cannot condition a settlement offer on an employee requesting to include an NDA or nondisparagement agreement.
Oo
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This state has not yet banned NDA’s.
Pp
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This state has not yet banned NDA’s.
Rr
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This state has not yet banned NDA’s.
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Protect More Workers: (2020) enacted legislation extending protections against workplace discrimination to interns.
Ss
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Limit Nondisclosure Agreements (NDAs): (2019) enacted legislation to make void and unenforceable any provision in a settlement agreement entered into by a governmental entity that prohibits the parties from disclosing the details of the claim or the identities of people related to the claim. However, victims of sexual harassment, sexual assault, and other offenses, including sexual exploitation and domestic abuse, retain the ability to keep their identities confidential.
(2018) enacted legislation to make it unlawful to require an employee or prospective employee, as a condition of employment, to execute or renew an NDA regarding sexual harassment. Employees covered by an NDA cannot be fired as retaliation for breaking the NDA.
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Cover More Employers: (2021) enacted legislation extending protections against sexual harassment to all employees, regardless of the size of the employer’s business. Previously, Texas sexual harassment law only covered government employers and private employers with 15 or more employees.
Extend Statute of Limitations: (2021) enacted legislation to extend the statute of limitations for filing workplace sexual harassment complaints with the Texas Workforce Commission from 180 days to 300 days after the alleged sexual harassment occurred.
Create Individual Liability for Harassment: (2021) expanded the definition of a covered “employer” to include any person or entity acting “directly in the interests of an employer in relation to an employee.”[cxxi] This change broadens who may be liable for harassment, which could potentially include supervisors, co-workers, and others acting on behalf of the employer.
Tt
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This state has not yet banned NDA’s.
Uu
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Stop Forced Arbitration: (2018) enacted legislation to prohibit employers, except as otherwise permitted by state or federal law, from requiring any employee or prospective employee to sign an agreement or waiver as a condition of employment that waives a substantive or procedural right or remedy available to the employee with respect to a sexual harassment claim.
Extend Statue of Limitations: (2022) enacted legislation extending the statute of limitations for employment discrimination claims from three years to six years.
Limit Nondisclosure Agreements (NDAs): (2018) enacted legislation to prohibit employers from requiring any employee or prospective employee, as a condition of employment, to sign an agreement that prevents the individual from opposing, disclosing, reporting, or participating in a sexual harassment investigation. The legislation also requires a settlement agreement relating to sexual harassment explicitly state that it does not prohibit the claimant from: filing a complaint with any state or federal agency; participating in an investigation by a state or federal agency; testifying or complying with discovery requests in a proceeding related to a claim of sexual harassment; or engaging in concerted activities with other employees under state or federal labor relations laws. The agreement must also state that it does not waive any rights or claims that may arise after the settlement is executed.
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Protect More Workers: (2021) enacted legislation to protect domestic workers from harassment and other forms of discrimination.
Limit Nondisclosure Agreements (NDAs): (2019) enacted legislation to prohibit employers from requiring an employee or prospective employee to sign, as a condition of employment, a nondisclosure or confidentiality agreement that has the purpose or effect of concealing the details relating to sexual assault.
Vv
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Limit Nondisclosure Agreements (NDAs): (2018) enacted legislation to prohibit employers from requiring an employee, as a condition of employment, to sign an NDA, waiver, or other document that prevents the employee from disclosing sexual harassment or assault occurring in the workplace, at work-related events, or between employees, or an employer and an employee, off the employment premises.[cxxxvi] Washington also enacted a separate law providing that NDAs cannot be used to limit a person from producing evidence or testimony related to past instances of sexual harassment or sexual assault by a party to a civil action.
(2022) enacted legislation prohibiting employers from requesting or requiring employees to enter into any agreement that includes a nondisparagement nondisclosure provision preventing employees from disclosing discrimination, harassment, retaliation, a wage and hour violation, and sexual assault. The NDA ban, however, does not keep parties from agreeing to keep the amount paid to settle a claim confidential. The new law repeals Washington’s 2018 NDA law which only prohibited NDAs that prevent individuals from disclosing sexual assault or sexual harassment and only when imposed as a condition of employment.
Protect Those Who Speak Up from Defamation Lawsuits: (2021) enacted the Uniform Public Expression Protection Act (UPEPA) to protect individuals from meritless defamation lawsuits. Washington previously had an anti-SLAPP law, but it was struck down by the state Supreme Court as unconstitutional in 2015. The UPEPA reinstated anti-SLAPP protections in the state, providing immunity from civil liability for individuals’ communications during legal or other governmental proceedings; communications on an issue under consideration in legal or other governmental proceedings; or communications on issues of public concern. The new law also allows individuals to file a motion to dismiss the case and stay discovery and all other proceedings involving the complainant and responding party. Individuals who defeat a SLAPP lawsuit are entitled to reasonable attorneys’ fees and litigation expenses.
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This state has not yet banned NDA’s.
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This state has not yet banned NDA’s.
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This state has not yet banned NDA’s.
Ww
*Credit: National Women’s Law Center
"It does not hurt business to make sure that people who are harassed in the workplace get treated fairly … it’s better for business.”
— SEN. LINDSEY GRAHAM (R-SC)
“After facing sexual assault or harassment, no American should find that they unknowingly signed their rights away,”
— REP. CHERI BUSTOS (D-IL)
“Thanks to this truly historic moment of solidarity, survivors will no longer be trapped in the secretive confines of forced arbitration, a system that disproportionately favors employers and protects predators.”
— SENATOR MARSHA BLACKBURN (R-TN)
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