§19401 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Recognizes that sexual harassment and assault are still common at work and in daily life, affecting millions. Eighty-one percent of women and 43 percent of men report some form in their lives. One in three women has faced workplace harassment, and about 87 to 94 percent of victims never file a formal complaint. Harassment often forces women to leave jobs or miss promotions. Says survivors must be able to report and speak out. Nondisclosure and nondisparagement rules in deals with employees, contractors, or customers can silence survivors and protect abusers. Banning those rules will help survivors come forward, hold wrongdoers accountable, increase transparency, and make workplaces safer and more productive.

Title 42, §19401

The Public Health and Welfare — Source: USLM XML via OLRC

Congress finds the following:

(1)Sexual harassment and assault remain pervasive in the workplace and throughout civic society, affecting millions of Americans.

(2)Eighty-one percent of women and 43 percent of men have experienced some form of sexual harassment or assault throughout their lifetime.

(3)One in 3 women has faced sexual harassment in the workplace during her career, and an estimated 87 to 94 percent of those who experience sexual harassment never file a formal complaint.

(4)Sexual harassment in the workplace forces many women to leave their occupation or industry, or pass up opportunities for advancement.

(5)In order to combat sexual harassment and assault, it is essential that victims and survivors have the freedom to report and publicly disclose their abuse.

(6)Nondisclosure and nondisparagement provisions in agreements between employers and current, former, and prospective employees, and independent contractors, and between providers of goods and services and consumers, can perpetuate illegal conduct by silencing those who are survivors of illegal sexual harassment and assault or illegal retaliation, or have knowledge of such conduct, while shielding perpetrators and enabling them to continue their abuse.

(7)Prohibiting nondisclosure and nondisparagement clauses will empower survivors to come forward, hold perpetrators accountable for abuse, improve transparency around illegal conduct, enable the pursuit of justice, and make workplaces safer and more productive for everyone.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 117–224, § 1, Dec. 7, 2022, 136 Stat. 2290, provided that: “This Act [enacting this chapter] may be cited as the ‘Speak Out Act’.”

§19401 Findings

Summary

Title 42, §19401

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Short Title

Citations & Metadata