Today, Congresswoman Annie Kuster (NH-02) founder and co-chair of the Bipartisan Task Force to End Sexual Violence, voted to pass legislation to improve transparency and accountability in sexual assault and harassment cases by ensuring survivors are no longer silenced through the widespread use of forced nondisclosure agreements (NDAs).

The Speak Out Act, which is now headed to President Biden’s desk, is bipartisan, bicameral legislation that will empower survivors to speak out against sexual harassment and abuse by prohibiting the use of forced NDAs before a dispute even arises.

“As the co-chair of the Bipartisan Task Force to End Sexual Violence, I’ve seen how perpetrators of workplace sexual assault and harassment hide behind nondisclosure agreements (NDAs) to sweep their heinous conduct under the rug,” said Rep. Kuster. “The vast majority of assault and harassment in the workplace goes unreported, and most perpetrators are never held accountable. It takes tremendous courage for survivors to come forward – this bill removes the barrier that pre-dispute NDAs create, and it sends a message to survivors that Congress stands with them. I was proud to help pass this commonsense, bipartisan bill and send it to the president’s desk.”

Forced NDAs are routinely used, with approximately one-third of the American workforce subject to NDAs. With more than half of all employed women reporting experiencing sexual harassment or sexual assault while at work, the #MeToo movement has exposed how NDAs are abused by sexual predators to evade accountability for misconduct, drive survivors out of the workforce, or prevent them from finding new employment.

Passage of the Speak Out Act follows the March 2022 enactment of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which was cosponsored by Rep. Kuster and endorsed by her Bipartisan Task Force. Taken together, these bills mark tremendous strides in advancing the rights of survivors in the workplace and beyond. 

The Speak Out Act is supported by a broad coalition of public-interest and survivors’ organizations, including the American Association for Justice, the National Alliance to End Sexual Violence, RALIANCE, and the National Coalition Against Sexual Assault. It passed the Senate unanimously in September 2022, and it passed out of the House Judiciary Committee with a bipartisan vote of 22 to 13 in July 2022.

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