Madam Speaker, pursuant to House Resolution 1464, I call up the bill (S. 4524) to limit the judicial enforceability of predispute nondisclosure and nondisparagement contract clauses relating to…
Madam Speaker, pursuant to House Resolution 1464, I call up the bill (S. 4524) to limit the judicial enforceability of predispute nondisclosure and nondisparagement contract clauses relating to disputes involving sexual assault and sexual harassment, and ask for its immediate consideration in the House.
Madam Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and insert extraneous material on S. 4524.
Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, S. 4524, the Speak Out Act, empowers survivors of sexual misconduct by prohibiting the use of nondisclosure and nondisparagement clauses that serve to silence survivors who entered into agreements containing those clauses before a dispute arises.
Often buried in the fine print of contracts of adhesion that workers and consumers sign every day to secure employment, goods, or services, these confidentiality clauses have contributed to the culture of silence in cases involving sexual misconduct. As such, they have routinely enabled sexual predators to evade accountability.
The confidential nature of these clauses makes it extremely difficult to fully diagnose the scope of this problem. Nevertheless, experts estimate that more than one-third of workers in the United States are required to sign a nondisclosure agreement in their employment contracts.
This is particularly concerning because of the rampant nature of sexual abuse in the workplace. An estimated 81 percent of women and 43 percent of men will experience sexual harassment in their lifetimes, and more than half of all women report being subjected to unwanted sexual activity while in the workplace.
But these appalling numbers do not even tell the full story. The Equal Employment Opportunity Commission found that the vast majority of survivors simply never report incidents of sexual harassment or sexual assault.
Today, we will take an important step toward fixing this problem by banning the enforcement of nondisclosure and nondisparagement clauses agreed to before a sexual harassment or sexual assault dispute arises. For the purpose of this bill, a dispute arises when a person chooses to exercise their legal rights by asserting a claim of sexual harassment or sexual assault in some official context, such as by complaining to a government agency or by filing a lawsuit.
This legislation continues Congress' important work to protect the rights of survivors to come forward and hold perpetrators accountable for abuse.
Earlier this year, on a bipartisan basis, we enacted H.R. 4445, which empowered survivors to decide whether they resolve their disputes in court or through arbitration. That bill was an example of how Congress can and should function. We worked together, across the aisle, to identify a problem, establish a bipartisan solution to that problem, and pass legislation to restore the rights of millions of Americans to their day in court.
The Speak Out Act is an opportunity for us to work together once again to end the oppressive culture of silence hiding sexual misconduct, promote transparency and accountability, and make the workplace safer for everyone.
This legislation has already passed the Senate unanimously, and it is supported by a broad coalition of public interest organizations, including the American Association for Justice, the National Alliance to End Sexual Violence, RALIANCE, The Army of Survivors, the National Domestic Violence Hotline, and the National Coalition Against Sexual Assault.
I thank our colleagues, Representatives Frankel, Buck, Cicilline, Jayapal, Griffith, Bustos, and Owens for their leadership on this issue.
Madam Speaker, I urge all Members to support the bill, and I reserve the balance of my time.
Madam Speaker, I yield myself such time as I may consume.
I only wish this bill did what the gentleman from Ohio says it does. By his logic, we should never have passed the Americans with Disabilities Act. We should have left it with the States. That obviously didn't work.
Madam Speaker, I yield 4 minutes to the gentlewoman from Florida (Ms. Lois Frankel), the sponsor of this bill.
Madam Speaker, I yield an additional 30 seconds to the gentlewoman from Florida.
Madam Speaker, I yield 3 minutes to the distinguished gentlewoman from Texas (Ms. Jackson Lee), a member of the committee.
Madam Speaker, I yield an additional 30 seconds to the gentlewoman.
Madam Speaker, this bill goes so far; the gentleman from North Carolina tells us, this bill goes too far. It goes so far, in fact, that every Republican Member of the Senate voted for it. What a bunch of radicals.
Madam Speaker, I yield 3\1/2\ minutes to the gentleman from Rhode Island (Mr. Cicilline).
Madam Speaker, I yield 2 minutes to the distinguished gentlewoman from Washington (Ms. Jayapal), a member of the committee.
Madam Speaker, I yield an additional 30 seconds to the gentlewoman from Washington.
Madam Speaker, I yield 1 minute to the distinguished gentleman from California (Mr. Correa), a member of the committee.
Madam Speaker, I yield 2 minutes to the gentlewoman from California (Ms. Speier).
Madam Speaker, I yield 1\1/2\ minutes to the gentlewoman from North Carolina (Ms. Manning).
Madam Speaker, I yield 2 minutes to the distinguished gentlewoman from Illinois (Mrs. Bustos).
Madam Speaker, I yield myself the balance of my time.
Madam Speaker, some have argued that the bill is not necessary because the courts may already choose not to enforce NDAs in certain cases. But this argument overlooks the reality that this scattershot approach to forced NDAs in sexual assault cases leaves survivors uncertain of their ability to tell their own stories without fear of reprisal, and it continues to allow NDAs to be used as an intimidation tactic by powerful corporations and abusers or as a coercive requirement for employment or everyday services.
Without a clear message from Congress that forced NDAs will no longer be enforceable in court, forced NDAs in employment and consumer contracts are likely to continue to have a chilling effect on survivors speaking out.
These contracts of silence limit the ability of millions of Americans to come forward in the first place. They contain sweeping prohibitions against any future negative statements about an employer. Standard language in these terms limit a survivor's ability to communicate by virtually any means, regardless of the truthfulness of the communication, in perpetuity.
In many cases, confidentiality clauses cover the existence of an NDA itself, meaning that even discussing the fact that one is bound by an NDA could constitute a violation of a contract.
There are cases in which survivors choose to waive their right to speak about their case. But that is a decision for survivors to make for themselves based on the circumstances, not something that should be forced upon them by their abusers or their enablers.
Last year, in a hearing that none of us will forget, the Judiciary Committee heard from four survivors of shocking workplace sexual harassment and assault. As they explained, after enduring horrific abuse at the hands of their perpetrators, confidential clauses in routine contracts prevented them from reporting and publicly disclosing their abuse.
The Speak Out Act ends this outrageous practice once and for all. Importantly, it does not prevent survivors from voluntarily entering into settlement agreements that include NDAs. Instead, it simply clarifies that these clauses cannot be enforced unless a survivor chooses to agree to the clause after the dispute arises.
The Biden-Harris administration has issued a statement strongly supporting this legislation, noting that: ``Prohibiting the use of predispute NDAs and nondisparagement clauses will increase access to justice and make the workplace safer for everyone.''
The United States Senate has unanimously passed this legislation.
I have heard the argument from some of my colleagues on the other side of the aisle that we should leave this to the States and that the national legislation impinges on States' rights somehow. This is from the same people who urge a national ban on abortion.
Madam Speaker, I urge my colleagues to send this critical message to the President's desk, and I yield back the balance of my time.