Manning Votes to Prohibit use of Pre-dispute Non-Disclosure Agreements in Cases of Sexual Misconduct

Washington, DC – Today, Congresswoman Kathy Manning (NC-06) voted to pass the Speak Out Act, bipartisan legislation to prohibit the judicial enforceability of pre-dispute nondisclosure or nondisparagement clauses in employment contracts, also commonly known as ‘gag orders,’ in a dispute over unlawful sexual assault or harassment in the workplace.

“Any person who experiences sexual assault – in the workplace or otherwise – should be able to hold their abuser accountable. Yet, for far too long, nondisclosure clauses in employment contracts have been used to silence survivors of sexual harassment and assault in the workplace and instead, shield abusers. The Speak Out Act allows survivors to speak out and seek justice," said Congresswoman Manning. “I proudly cast my vote for this powerful bipartisan legislation so survivors who wish to do so can share their stories.”

In the United States, 81% of women and 43% of men have experienced some form of sexual harassment or assault in their lifetime, and one in three women have faced sexual harassment in the workplace during their careers. Workplace sexual harassment and assault have forced many survivors to leave their jobs, pass up opportunities for advancement and suffer in silence.

Specifically, the bill:

    Eliminates the judicial enforceability of predispute nondisclosure or nondisparagement clauses in cases where alleged sexual assault or harassment is in violation of federal, state, or Tribal law;

    Does not supersede any existing state law unless it prevents the application of the provisions of the bill; and

    Does not supersede any federal, state, or Tribal law that requires the use of pseudonyms in filings for sexual assault or sexual harassment disputes.

Watch Congresswoman Manning’s remarks on the Speak Out Act here.