§ 19403. Limitation on judicial enforceability of nondisclosure and nondisparagement contract clauses relating to sexual assault disputes and sexual harassment disputes

Footnotes

1. 1 So in original. Probably should not be capitalized.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2022

   Speak Out Act

   Pub. L. 117–224 § 4 · 136 Stat. 2290

   Enacted · 42 U.S.C. § 19403

   (Pub. L. 117–224, § 4, Dec. 7, 2022, 136 Stat. 2291.)

   Source evidence

   Code source credit
   (Pub. L. 117–224, § 4, Dec. 7, 2022, 136 Stat. 2291.)

   Enacted provision · exact public law section
   SEC. 4. LIMITATION ON JUDICIAL ENFORCEABILITY OF NONDISCLOSURE AND NONDISPARAGEMENT CONTRACT CLAUSES RELATING TO SEXUAL ASSAULT DISPUTES AND SEXUAL HARASSMENT DISPUTES. (a) In General.— With respect to a sexual assault dispute or sexual harassment dispute, no nondisclosure clause or nondisparagement clause agreed to before the dispute arises shall be judicially enforceable in instances in which conduct is alleged to have violated Federal, Tribal, or State law. (b) Continued Applicability of State Law.— Nothing in this Act shall prohibit a State or locality from enforcing a provision of State law governing nondisclosure or nondisparagement clauses that is at least as protective of the right of an individual to speak freely, as provided by this Act. (c) Continued Applicability of Federal, State, and Tribal Law.— This Act shall not be construed to supersede a provision of Federal, State, or Tribal Law that governs the use of pseudonyms in the filing of claims involving sexual assault or sexual harassment disputes. (d) Protection of Trade Secrets and Proprietary Information.— Nothing in this Act shall prohibit an employer and an employee from protecting trade secrets or proprietary information.

1 of 1 references resolved to an enrolled provision