Collapse to view only § 19404. Applicability
- § 19401. Findings
- § 19402. Definitions
- § 19403. Limitation on judicial enforceability of nondisclosure and nondisparagement contract clauses relating to sexual assault disputes and sexual harassment disputes
- § 19404. Applicability
§ 19401. Findings
Congress finds the following:
(1) Sexual harassment and assault remain pervasive in the workplace and throughout civic society, affecting millions of Americans.
(2) Eighty-one percent of women and 43 percent of men have experienced some form of sexual harassment or assault throughout their lifetime.
(3) One in 3 women has faced sexual harassment in the workplace during her career, and an estimated 87 to 94 percent of those who experience sexual harassment never file a formal complaint.
(4) Sexual harassment in the workplace forces many women to leave their occupation or industry, or pass up opportunities for advancement.
(5) In order to combat sexual harassment and assault, it is essential that victims and survivors have the freedom to report and publicly disclose their abuse.
(6) Nondisclosure and nondisparagement provisions in agreements between employers and current, former, and prospective employees, and independent contractors, and between providers of goods and services and consumers, can perpetuate illegal conduct by silencing those who are survivors of illegal sexual harassment and assault or illegal retaliation, or have knowledge of such conduct, while shielding perpetrators and enabling them to continue their abuse.
(7) Prohibiting nondisclosure and nondisparagement clauses will empower survivors to come forward, hold perpetrators accountable for abuse, improve transparency around illegal conduct, enable the pursuit of justice, and make workplaces safer and more productive for everyone.
(Pub. L. 117–224, § 2, Dec. 7, 2022, 136 Stat. 2290.)
§ 19402. Definitions
In this chapter:
(1) Nondisclosure clause
(2) Nondisparagement clause
(3) Sexual assault dispute
(4) Sexual harassment dispute
(Pub. L. 117–224, § 3, Dec. 7, 2022, 136 Stat. 2290.)
§ 19403. Limitation on judicial enforceability of nondisclosure and nondisparagement contract clauses relating to sexual assault disputes and sexual harassment disputes
(a) In general
(b) Continued applicability of State law
(c) Continued applicability of Federal, State, and Tribal law
(d) Protection of trade secrets and proprietary information
(Pub. L. 117–224, § 4, Dec. 7, 2022, 136 Stat. 2291.)
§ 19404. Applicability
This chapter shall apply with respect to a claim that is filed under Federal, State, or Tribal law on or after December 7, 2022.
(Pub. L. 117–224, § 5, Dec. 7, 2022, 136 Stat. 2292.)