Medium Article : Congress passes landmark Speak Out Act

Last week, members of both parties in the House of Representatives joined together to pass the Speak Out Act, following its unanimous passage in the Senate in September.

Our new bill, which we championed from inception to passage, will prohibit the use of predispute nondisclosure agreements (NDAs) in cases of workplace sexual harassment and assault. Along with the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which we helped pass ten months ago, the Speak Out Act will make workplaces safer for all workers and give survivors the voice to share their stories without fear of retaliation.

From here, the bill goes to President Biden’s desk for his signature.

Passage of the Speak Out Act marks another milestone in our work to make workplaces safer and more equitable for everyone. Our mission is to do away with the silencing mechanisms that have prevented survivors from telling their stories and from talking to their colleagues and loved ones about their experiences — which only serves to perpetuate abuse and toxicity.

In comments made after the bill’s passage, Rep. Cheri Bustos (D-IL) said, “This is something that will make a tremendous difference to people in the workforce. The most significant labor legislation this century.”

We are proud to have helped pass the first federal laws of the #MeToo era, which will go a long way towards making workplaces safer and more transparent. And we are excited about what comes next: tackling other forms of workplace discrimination, including race, gender, age, sexual orientation, disability, and national origin. There is much work to be done, and we are ready to roll up our sleeves again to fight for fair and inclusive workplaces for all.

Press Conference for the Speak Out Act, July 14, 2022

Here’s what our bipartisan co-sponsors had to say about the bill:

• “The Speak Out Act will change the culture of the workplace making it healthier and more productive,” said Rep. Lois Frankel (D-FL). “Today, one-in-three workers is subjected to NDAs that hide sexual misconduct in order to protect a business’ reputation. By making predispute NDAs null and void as they pertain to sexual abuse, we’re taking the gag off of survivors and pushing businesses to create safer work environments. We’re proud of the bipartisan support the Speak Out Act received in both chambers and look forward to President Biden signing this critical bill into law.”

• “After facing sexual assault or harassment, no American should find that they unknowingly signed their rights away,” said Rep. Cheri Bustos (D-IL). “Today, I was proud to help send bipartisan legislation to President Biden that will free survivors from silencing nondisclosure agreements. With this bill and my recently signed law to end forced arbitration for victims of sexual assault and harassment, survivors in America are regaining critical rights.”

• “Today, the House voted to strengthen workplace protections and guard against the use of predispute NDAs in sexual harassment and sexual assault cases, which are often used to coerce silence,” said Sen. Kirsten Gillibrand (D-NY). “Earlier this year, we voided forced arbitration agreements for sexual assault and sexual harassment, and the Speak Out Act is the important next step in our mission to reform our workplaces for the better. I urge President Biden to sign this bill into law expeditiously so we can fix this broken system and help end the days of institutional protection for perpetrators.”

• “Today’s passage of the Speak Out Act in the House of Representatives marks another critical step in protecting survivors of sexual assault or sexual abuse in the workplace who are too often silenced by predispute NDAs,” said Sen. Marsha Blackburn (R-TN). “I thank Gretchen Carlson, Julie Roginsky, and Lift Our Voices for their work to help get this legislation across the finish line and to President Biden’s desk.”