Rep. Payne Jr. Votes to Limit Sexual Harassment Non-Disclosure Agreements

Press Release

Today, Rep. Payne, Jr. voted for a bill that limits nondisclosure agreements (NDA's) and non-disparagement contract clauses relating to disputes involving sexual assault and harassment. This legislation, S. 4524, now heads to President Biden's desk for signature.

According to a report by Harvard Business Review, more than one-third of U.S. workers are bound by non-disclosure agreements. These agreements often encompass confidentiality contracts that cover up alleged sexual discrimination and/or harassment claims.

In September of this year, the New Jersey state legislature joined a dozen other states by banning such contracts or settlement agreements which often conceal details relating to a claim of discrimination, retaliation, or harassment.

S. 4524 is bipartisan and bicameral legislation that ensures survivors of sexual harassment can share their stories without fear. It achieves this by prohibiting the enforcement of NDAs in everyday contracts. These contracts far too often silence survivors before a legal dispute even arises, enabling people who abuse their power to continue doing so.

"It is unthinkable that widespread sexual misconduct claims have been perpetually covered up and swept under the rug through insidious take-it-or-leave-it contracts that seek to hide abuse, " said Rep. Payne, Jr. "The passage of this legislation finally places a federal limitation on such contracts that enable perpetrators to silence their victims. I'm proud to help bring an end to the unconscionable act employers have, in silencing people for speaking out about sexual predators in the workplace and to join the #MeToo movement in equipping survivors with the tools to end cycles of suffering and pain."

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