Title 42 — The Public Health and WelfareRelease 119-73not60
§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 secret or gag agreements made before a sexual assault or harassment claim if the conduct is said to violate federal, tribal, or state law. States and local governments may keep laws that protect speaking at least as much; rules allowing pseudonyms in filings and employers protecting trade secrets or other proprietary information still apply.
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 42 — The Public Health and Welfare
Last Updated
Apr 5, 2026
Release point: 119-73not60