The Speak Out Act is an Act of the United States Congress prohibiting the enforcement of non-disclosure agreements (commonly referred to as NDAs) in situations involving sexual harassment or assault. It was signed into law on December 7, 2022.

Non-disclosure agreements are contracts that prohibit the signer from disclosing personal or professional information the other party wishes to keep confidential. The most common use of NDAs is in the workplace. An employer may require employees to sign an NDA agreeing not to disclose a company’s confidential business or financial information. Failure to abide by the terms of a non-disclosure agreement may result in termination and/or being sued for breach of contract.

The Speak Out Act targets the misuse of NDAs to silence individuals who have been the subject of sexual harassment or assault. This phenomenon came to public attention when several women in Hollywood violated the terms of their NDAs with former producer Harvey Weinstein by disclosing sexual assaults he had committed against them.

The Act is not retroactive, meaning that it only applies to claims of sexual misconduct filed on or after December 7, 2022. (However, it still applies if the non-disclosure agreement was entered into before that date.)

A similar bill has been drafted in Canada. Bill S-261, also known as the Can’t Buy My Silence Act, would prevent federally funded organizations from settling NDAs with public money. However, unlike the Speak Out Act, it would not necessarily prevent the creation or enforcement of private NDAs in circumstances of sexual misconduct. The bill is currently in its second reading in the Senate.

If you have been charged with sexual assault, please contact our office at (905) 541-2228 or fill out a free consultation form. It is imperative that you contact us as soon as you can to address these serious charges.