All Roll Calls
Yes: 315 • No: 109
117-s-4524117th CongressWALLET
Speak Out Act
Sponsored By: Senator Gillibrand, Kirsten E. [D-NY]
Became Law
Summary
Limits judicial enforcement of nondisclosure and nondisparagement clauses in sexual assault and harassment disputes. It empowers survivors to disclose abuse and aims to increase accountability and workplace safety.
Show full summary
- Survivors: People alleging sexual assault or harassment can speak publicly about the conduct without courts enforcing pre-dispute nondisclosure or nondisparagement clauses in those disputes.
- Employers and workplaces: Employers cannot rely on those clauses to stop disclosure in covered disputes. Employers still may protect trade secrets and proprietary information.
- States and tribes: A state or locality may enforce rules that are at least as protective of free speech as this law. The law does not override federal, state, or tribal rules on using pseudonyms in claims.
- Scope and limits: The rule applies to claims filed on or after enactment and does not change criminal prosecutions or other civil remedies for sexual misconduct.
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 1 benefits, 0 costs, 1 mixed.
Pre-dispute confidentiality can’t block sexual misconduct claims
The law stops courts from enforcing nondisclosure or nondisparagement clauses signed before a sexual assault or harassment dispute. This applies when the conduct is alleged to break federal, state, or tribal law. It covers only claims filed on or after the law’s enactment. The law defines what counts as a covered clause and what counts as sexual assault or harassment. This helps survivors speak, seek help, and bring claims.
Trade secrets and state rules preserved
The law keeps existing rules that protect trade secrets and proprietary information. It does not override rules that let people file with a pseudonym in sexual assault or harassment cases. States can keep or adopt laws that are at least as protective of free speech as this law.
Sponsors & CoSponsors
Sponsor
Gillibrand, Kirsten E. [D-NY]
NY • D
Cosponsors
Sen. Blackburn, Marsha [R-TN]
TN • R
Sponsored 7/13/2022
Sen. Hirono, Mazie K. [D-HI]
HI • D
Sponsored 7/13/2022
Sen. Graham, Lindsey [R-SC]
SC • R
Sponsored 7/13/2022
Sen. Portman, Rob [R-OH]
OH • R
Sponsored 7/18/2022
Sen. Blumenthal, Richard [D-CT]
CT • D
Sponsored 8/3/2022
Sen. Durbin, Richard J. [D-IL]
IL • D
Sponsored 8/3/2022
Sen. Klobuchar, Amy [D-MN]
MN • D
Sponsored 9/15/2022
Sen. Feinstein, Dianne [D-CA]
CA • D
Sponsored 9/15/2022
Sen. Ossoff, Jon [D-GA]
GA • D
Sponsored 9/15/2022
Sen. Booker, Cory A. [D-NJ]
NJ • D
Sponsored 9/15/2022
Sen. Cornyn, John [R-TX]
TX • R
Sponsored 9/15/2022
Sen. Grassley, Chuck [R-IA]
IA • R
Sponsored 9/15/2022
Sen. Padilla, Alex [D-CA]
CA • D
Sponsored 9/15/2022
Sen. Coons, Christopher A. [D-DE]
DE • D
Sponsored 9/15/2022
Roll Call Votes
house vote • 11/16/2022
On Passage
Yes: 315 • No: 109