Title 42The Public Health and WelfareRelease 119-73

§19403 Limitation on judicial enforceability of nondisclosure and nondisparagement contract clauses relating to sexual assault disputes and sexual harassment disputes

Title 42 › Chapter CHAPTER 164— - SPEAK OUT ACT › § 19403

Last updated Apr 6, 2026|Official source

Summary

Courts cannot enforce agreements made before a sexual assault or sexual harassment dispute that try to keep someone quiet or stop them from speaking out. That rule applies when the conduct is said to have broken federal, tribal, or state law. States and local governments may keep laws that protect people’s right to speak at least as much. The rule does not change laws that let someone use a fake name when filing these claims, and it does not stop employers and employees from protecting trade secrets or other confidential business information.

Full Legal Text

Title 42, §19403

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

(a)With respect to a sexual assault dispute or sexual harassment dispute, no nondisclosure clause or nondisparagement clause agreed to before the dispute arises shall be judicially enforceable in instances in which conduct is alleged to have violated Federal, Tribal, or State law.
(b)Nothing in this chapter shall prohibit a State or locality from enforcing a provision of State law governing nondisclosure or nondisparagement clauses that is at least as protective of the right of an individual to speak freely, as provided by this chapter.
(c)This chapter shall not be construed to supersede a provision of Federal, State, or Tribal Law 11 So in original. Probably should not be capitalized. that governs the use of pseudonyms in the filing of claims involving sexual assault or sexual harassment disputes.
(d)Nothing in this chapter shall prohibit an employer and an employee from protecting trade secrets or proprietary information.

Reference

Citations & Metadata

Citation

42 U.S.C. § 19403

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73