Signed by President Joe Biden, Jr.

Vote Smart's Synopsis:

Vote to pass a bill that prohibits the judicial enforceability of a nondisclosure clause or non-disparagement clause agreed to before a dispute arises involving sexual assault or sexual harassment in violation of federal, tribal, or state law.

Highlights:

• Defines “nondisclosure clause” as a provision in a contract or agreement that requires the parties not disclosure or discuss conduct, the existence of a settlement involving conduct or information covered by the terms and conditions of the contract or agreement (Sec. 3).

• Specifies that nothing in this bill 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 (Sec. 4). 

• Specifies that nothing in this act shall be construed to supersede a provision of federal, state, or tribal law that governs the use of pseudonym in the filing of claims involving sexual assault or sexual harassments disputes (Sec. 4).

• Prohibits the judicial enforceability of a nondisclosure clause or nondisparagement clause agreed to before a dispute airses involving sexual assault or sexual harassment in violation of federal, tribal, or state law (Sec. 4).

Full Bill Text

Full Bill Text

Full Bill Text