Hirono-Led Legislation to Protect Survivors of Sexual Assault and Harassment Passes House

WASHINGTON, D.C. – Today, the U.S. House of Representatives voted to pass the Speak Out Act, legislation co-led in the Senate by Senators Mazie K. Hirono (D-HI) and Kirsten Gillibrand (D-NY), by a vote of 315-109. The bipartisan, bicameral bill would 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 now heads to President Biden’s desk to be signed into law. The House companion bill was introduced by Representatives Lois Frankel (D-FL) and Ken Buck (R-CO).

“For too long, NDAs have been weaponized to silence survivors of sexual abuse and misconduct,” said Senator Hirono. “The Speak Out Act takes a crucial step towards supporting survivors by limiting the enforceability of these NDAs and enabling states to enact other long overdue protections. I am grateful that the House has passed this important legislation and I look forward to seeing President Biden sign it into law as we 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. 

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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