Blackburn cosponsors bipartisan Speak Out Act

U.S. Sen. Marsha Blackburn (R-TN) on July 13 signed on as the lead original cosponsor of a bipartisan bill that would limit the judicial enforceability of non-disclosure agreements (NDAs) in disputes involving sexual assault and sexual harassment.

“Women who are victims of sexual assault or abuse in the workplace have raised the issue of NDAs being used to coerce silence,” Sen. Blackburn said. “Unfortunately, there are some corporate entities that have used NDAs inappropriately. Our legislation will implement guidelines to provide employees who step forward with the due process they deserve.”

The Speak Out Act, S. 4524, which is sponsored by U.S. Sen. Kirsten Gillibrand (D-NY), would prohibit NDAs when sexual harassment or sexual assault has been alleged in violation of federal, tribal, or state law and in situations in which survivors wish to break their silence, according to a bill summary provided by Sen. Blackburn’s staff.

Specifically, S. 4524 would prohibit the use of predispute NDAs between employers and current, former, and prospective employees, as well as independent contractors; prevent them between providers of goods and services and consumers, and; invalidate existing predispute NDAs in cases that have not yet been filed, the summary says.

“I’m committed to fixing this broken system that uses secrecy to protect predators and silence survivors,” said Sen. Gillibrand. “I am proud to work with my colleagues to help end the days of institutional protection for perpetrators.”  

Lift Our Voices endorsed the bill, which is companion legislation to the same-named H.R. 8227, introduced on June 24 by U.S. Reps. Lois Frankel (D-FL) and Ken Buck (R-CO). H.R. 8227 on July 13 received approval from the U.S. House Judiciary Committee, which voted 22-13 to advance the bill to the full chamber for action.