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

WASHINGTON, D.C. –Senator Mazie K. Hirono (D-HI), member of the Senate Judiciary Committee, voted to pass the Speak Out Act, bipartisan, bicameral legislation she led with Senators Kirsten Gillibrand (D-NY), Marsha Blackburn (R-TN), and Lindsey Graham (R-SC) to 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. The legislation passed the Senate unanimously, and awaits action in the House of Representatives.

“NDAs have been weaponized by employers, corporations, and others in power to cover up abuse and sexual misconduct,” said Senator Hirono. “The Speak Out Act empowers survivors to make the decision about whether to tell their story—a choice they have been denied for too long. Survivors should not be forced into silence and this bill will help them come forward. I’m glad to see this legislation pass unanimously in the Senate and I will keep working to get it passed in the House and signed into law.”

Under current law, individuals and organizations can use NDAs to prevent survivors of sexual harassment or assault from speaking publicly about these incidents. The threat of legal retaliation creates and enables a culture of silence that allows predators to continue their illegal conduct, while their victims are forced out of their careers and the workforce entirely.

Specifically, the Speak Out Act would:

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.

The House companion bill was introduced by Representatives Lois Frankel (D-FL) and Ken Buck (R-CO).

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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