Title 42, The Public Health and WelfareRelease 119-110
§19403 Limitation on Judicial Enforceability of Nondisclosure and Nondisparagement Contract Clauses Relating to Sexual Assault Disputes and Sexual Harassment Disputes
Title 42 › CHAPTER 164 — SPEAK OUT ACT › § 19403
Summary
Courts cannot enforce secrecy or gag clauses that were signed before a dispute if the dispute is about sexual assault or sexual harassment and the conduct is claimed to have violated Federal, Tribal, or State law. States and local governments may keep laws that are at least as protective of a person’s right to speak. Laws that allow people to use fake names when filing these claims still apply. Employers and workers can still protect trade secrets and other private business information.
Full Legal Text
Title 42, §19403
The Public Health and Welfare, Source: USLM XML via OLRC
(a)In general
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)Continued applicability of State law
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)Continued applicability of Federal, State, and Tribal law
This chapter shall not be construed to supersede a provision of Federal, State, or Tribal Law that governs the use of pseudonyms in the filing of claims involving sexual assault or sexual harassment disputes.
(d)Protection of trade secrets and proprietary information
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 42, The Public Health and Welfare
Last Updated
Sep 23, 2026
Release point: 119-110