On December 7, 2022, President Joe Biden signed the Speak Out Act, which bans the use of pre-dispute non-disclosure and non-disparagement contract clauses involving sexual assault and sexual harassment
The Speak Out Act may impact employers’ new hire onboarding procedures, separation procedures and pre-dispute resolution strategies
Although the act limits the use of non-disclosure and non-disparagement agreements applicable to sexual harassment and assault, it does not prohibit the use of these agreements completely
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