Biden Signs Hirono-Led Legislation to Protect Survivors of Sexual Assault and Harassment Into Law

WASHINGTON, D.C. – Today, President Joseph R. Biden signed the Speak Out Act into law, legislation co-led by Senators Mazie K. Hirono (D-HI) and Kirsten Gillibrand (D-NY). This bipartisan, bicameral bill will limit the enforceability of non-disclosure agreements and non-disparagement agreements (NDAs) where a sexual harassment or sexual assault dispute arises and survivors wish to break their silence, and was also co-led by Senators Marsha Blackburn (R-TN) and Lindsey Graham (R-SC). The bill passed the Senate unanimously in September and passed the House last month. The House companion bill was introduced by Representatives Lois Frankel (D-FL) and Ken Buck (R-CO).

“Today, President Biden signed the Speak Out Act into law. Going forward, pre-dispute NDA's will no longer be able to silence survivors of sexual assault or harassment. I'm proud we got this done,” said Senator Hirono. “I will continue working to help ensure all survivors get the protection and support they deserve.”

Prior to the Speak Out Act, individuals and organizations could use NDAs to prevent survivors of sexual harassment or assault from speaking publicly about these incidents. The threat of legal retaliation created and enabled a culture of silence that allowed predators to continue their illegal conduct, while their victims were forced out of their careers and the workforce entirely.

Specifically, the Speak Out Act will:

1. Prohibit the use of predispute NDAs between employers and current, former, and prospective employees, as well as independent contractors;
2. Prohibit the use of predispute NDAs between providers of goods and services and consumers, and;
3. Allow States to enact additional protections beyond the Speak Out Act’s protections—setting a floor not a ceiling for restricting NDA enforceability. 

Video of Senator Hirono discussing the importance of the Speak Out Act at a Judiciary Committee hearing can be viewed here.

Senator Hirono is a strong advocate for survivors of sexual assault and harassment, and consistently works to advance legislation to protect survivors. She cosponsored the bipartisan Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which prevents perpetrators from being able to push survivors of sexual harassment and assault into the secretive, biased process of forced arbitration, and was signed into law earlier this year.

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