Speak Out Act: NDAs and Sexual Harassment Claims
The Speak Out Act limits pre-dispute NDAs and nondisparagement clauses in sexual harassment and assault disputes. Learn what it covers and what it leaves out.
At a glance
Speak Out Act: NDAs and Sexual Harassment Claims: key questions
A visual route through this article's first three topics. Read the sections below for details and exceptions.
What the Speak Out Act Does
The Speak Out Act, signed in December 2022, makes certain nondisclosure and nondisparagement clauses unenforceable when the clause was agreed to before a sexual harassment or sexua
Pre-Dispute Versus Post-Dispute Agreements
The law is about agreements signed before the dispute.
What Counts as a Covered Dispute
The Act applies to disputes involving conduct alleged to violate federal, tribal, or state law on sexual assault or sexual harassment.
What the Speak Out Act Does
The Speak Out Act, signed in December 2022, makes certain nondisclosure and nondisparagement clauses unenforceable when the clause was agreed to before a sexual harassment or sexual assault dispute arose and it is used to stop a person from discussing that dispute. It is a federal law, so it can matter in any state, but it covers a narrow set of situations. Read the clause itself, not a summary of it.
Pre-Dispute Versus Post-Dispute Agreements
The law is about agreements signed before the dispute. A confidentiality or nondisparagement term in an offer letter, handbook acknowledgment, employment contract, or separation agreement signed before any harassment occurred is the kind of clause the Act addresses. A confidentiality term negotiated after a dispute began, such as in a settlement of a specific claim, is generally outside the Act, although other federal, state, and local rules can still limit it. Write down when you signed each document and when the conduct began.
What Counts as a Covered Dispute
The Act applies to disputes involving conduct alleged to violate federal, tribal, or state law on sexual assault or sexual harassment. It is not a general ban on workplace confidentiality. A clause protecting trade secrets, customer lists, or confidential business information is a different matter, and an employer can still enforce a reasonable clause of that kind. A clause that is written broadly enough to cover harassment complaints is where the Act can apply.
Filing an EEOC Charge Is Not Barred by an NDA
Separate from the Speak Out Act, a private agreement generally cannot stop a person from filing a charge with the EEOC, taking part in an investigation, or communicating with a government agency. Agreements that appear to discourage this can be challenged. If you are unsure whether a clause reaches agency contact, save the document and have it reviewed before you act on it or stay silent because of it.
Forced Arbitration Is a Separate Law
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, signed in March 2022, lets a person choose to take a covered sexual harassment or assault dispute to court even if an earlier agreement required private arbitration. It applies to disputes that arise or accrue after it took effect. It is a different statute from the Speak Out Act, and a single employment agreement can raise issues under both.
State Laws Can Go Further
Many states limit confidentiality in harassment and discrimination settlements or in employment agreements, and the rules differ on who can ask for secrecy and what the agreement may say. Because those laws vary, the state where you worked matters. A lawyer can compare the federal Act with the state rule that applies to your job.
Nondisparagement Clauses and Severance
Employers sometimes include broad nondisparagement or confidentiality terms in severance agreements. The National Labor Relations Board has also addressed whether such terms in severance offers can interfere with rights under the National Labor Relations Act for covered employees. Do not assume that signing ends your options, and do not assume a clause is void either. Keep the signed copy and any draft you were offered.
Records to Keep
Keep every agreement you signed, the dates, the handbook version, and any email or message about confidentiality. Keep notes on the conduct you experienced, who saw it, and any complaint you made. Do not copy confidential business files that are unrelated to your claim, because that can create separate problems.
Deadlines and Next Steps
An EEOC charge generally must be filed within 180 days of the harassment, or 300 days in many states with their own agency, and state or local agencies may use different deadlines. An NDA question should not delay that clock. A lawyer can review the clause, the timing, and the state rule before you decide what to say or sign.
Primary Sources
- Congress.gov: S.4524 Speak Out ActAccessed November 11, 2026
- EEOC: HarassmentAccessed November 11, 2026
- EEOC: Time Limits for Filing a ChargeAccessed November 11, 2026
- Congress.gov: H.R.4445 Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021Accessed November 11, 2026
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