A nondisclosure agreement is a contract provision that limits what a person can disclose. In the context of abuse, NDAs and related 'nondisparagement' clauses have historically been used in settlements to keep allegations, amounts, and even the identity of an accused person confidential. Critics argued this secrecy could allow patterns of abuse to continue unseen.
It is worth separating two situations that the law treats differently. A pre-dispute NDA is signed before any claim arises, often buried in an employment or onboarding contract. A settlement NDA is negotiated as part of resolving a specific claim. Recent laws focus heavily on the first category.
The Speak Out Act became federal law on December 7, 2022 (Public Law 117-224). It limits the judicial enforceability of pre-dispute nondisclosure and nondisparagement clauses in disputes involving sexual assault or sexual harassment. In plain terms, a clause signed before a dispute arose generally cannot be used to silence someone once a sexual-assault or harassment dispute actually comes up.
There are important limits to understand. The Act focuses on pre-dispute clauses; it does not categorically ban confidentiality in a settlement that a survivor knowingly agrees to after a dispute has arisen. So the Speak Out Act expands a survivor's freedom to speak, but it does not automatically void every confidentiality term in every settlement.
States have added their own protections, and some reach beyond the federal law. California's 'Silenced No More' Act (Senate Bill 331), effective January 1, 2022, builds on the earlier STAND Act and restricts confidentiality provisions that would prevent disclosing factual information about workplace harassment, discrimination, or retaliation, not only sex-based claims.
Other states have passed comparable measures with their own scope and timing. Because state laws vary in what they cover and when they apply, the protections available to you depend heavily on where you are and the nature of your claim.
These laws are generally designed to stop survivors from being forced into silence, not to take away a survivor's option to keep things private. Many laws specifically preserve a survivor's ability to request confidentiality of their own identity or of the settlement amount if that is what they want.
That distinction matters. Some survivors prefer privacy and may choose to keep a settlement confidential; the modern laws aim to ensure that choice is theirs, rather than something imposed as a condition of resolving a claim.
If a settlement is on the table, the confidentiality terms deserve careful attention. An attorney can explain exactly what a proposed clause would and would not allow you to say, and whether federal or state law limits its enforceability in your situation.
Useful questions include: What exactly am I agreeing not to disclose? Does this clause survive if a dispute arises later? Can I still report to law enforcement or a regulator? Does my state's law or the federal Speak Out Act affect this clause? This article is general education, not legal advice; have a licensed attorney review any agreement before you sign.
It depends on the clause and the law. The federal Speak Out Act limits enforcement of pre-dispute NDAs in sexual assault and harassment disputes, and some state laws go further. But a confidentiality term you knowingly agree to in a settlement may still be enforceable. Have an attorney review it.
It is a federal law signed on December 7, 2022 (Public Law 117-224) that limits the enforceability of pre-dispute nondisclosure and nondisparagement clauses in disputes involving sexual assault or sexual harassment.
No. It focuses on clauses signed before a dispute arose. It does not categorically ban confidentiality in a settlement that a survivor knowingly enters after a dispute has arisen.
Yes. Several states, such as California with its 'Silenced No More' Act (SB 331), restrict confidentiality clauses in settlements, sometimes more broadly than federal law. Coverage and timing vary by state.
Often yes. These laws are generally meant to prevent forced silence, not to remove a survivor's own choice to keep their identity or settlement amount confidential. Ask your attorney how to preserve the privacy you want.
That is a decision to make with an attorney who can explain exactly what it restricts and whether it is enforceable in your situation. Never rely on general information alone for a contract you are about to sign.
The National Sexual Assault Hotline (RAINN) is free and confidential, 24/7, at 800-656-4673.
This article is general educational information, not legal advice. Confirm specifics with a licensed attorney in your state — most consult for free. If you need support now, the RAINN hotline is 800-656-4673, 24/7.
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