Bill Overview
Title: Speak Out Act
Description: This bill prohibits the judicial enforceability of a predispute nondisclosure clause or predispute nondisparagement clause in a sexual assault dispute or sexual harassment dispute involving conduct that allegedly violates federal, tribal, or state law.
Sponsors: Rep. Frankel, Lois [D-FL-21]
Target Audience
Population: people involved in or potentially affected by sexual assault or sexual harassment disputes
Estimated Size: 75000000
- The bill pertains to nondisclosure and nondisparagement clauses in disputes involving sexual assault or sexual harassment.
- It will affect individuals who are involved in legal disputes regarding sexual assault or harassment, where such clauses have been implemented.
- The legislation may impact not only victims but also legal professionals, corporations, and organizations that typically utilize such clauses in contracts.
- Considering the prevalence of workplace harassment issues, a substantial portion of the adult working population could see indirect effects.
- People involved in disputes might be more likely to speak out if predispute NDA clauses are unenforceable, hence broader societal awareness could arise.
Reasoning
- The policy aims to empower individuals involved in sexual harassment and assault cases by preventing the enforcement of nondisclosure agreements that silence them.
- A significant portion of the affected population will include women professionals, but there will be broad diversity within this group.
- Legal professionals might experience a rise in casework due to more open disputes, possibly affecting their wellbeing positively through increased business or negatively through increased workload.
- Organizations that utilize such clauses may have to adapt their legal strategies, affecting corporate behaviors and HR policies.
- Given the US workforce is around 164 million, the indirect impact can be significant, though direct effects will be felt by those directly impacted by or involved in such cases.
Simulated Interviews
Software Engineer (San Francisco, CA)
Age: 32 | Gender: female
Wellbeing Before Policy: 5
Duration of Impact: 20.0 years
Commonness: 8/20
Statement of Opinion:
- This policy is a relief as it supports those of us who felt forced to remain silent.
- I think it will lead to a healthier work environment as companies may be less likely to brush issues under the rug.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 5 |
| Year 2 | 7 | 5 |
| Year 3 | 7 | 5 |
| Year 5 | 8 | 5 |
| Year 10 | 9 | 5 |
| Year 20 | 9 | 5 |
HR Director (Dallas, TX)
Age: 45 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 10.0 years
Commonness: 10/20
Statement of Opinion:
- This will require us to rethink our approach to handling internal disputes.
- It might complicate legal proceedings but ultimately, transparency should improve the work culture.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 6 | 6 |
| Year 3 | 7 | 6 |
| Year 5 | 7 | 6 |
| Year 10 | 8 | 6 |
| Year 20 | 8 | 6 |
Journalist (New York, NY)
Age: 28 | Gender: other
Wellbeing Before Policy: 7
Duration of Impact: 5.0 years
Commonness: 5/20
Statement of Opinion:
- This act could lead to more stories coming to light, allowing for impactful journalism.
- The policy aligns with my ethical standpoint against corporate silencing tactics.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 7 | 7 |
| Year 3 | 7 | 7 |
| Year 5 | 8 | 7 |
| Year 10 | 8 | 7 |
| Year 20 | 8 | 7 |
Corporate Lawyer (Seattle, WA)
Age: 53 | Gender: female
Wellbeing Before Policy: 8
Duration of Impact: 15.0 years
Commonness: 4/20
Statement of Opinion:
- This alters how we must approach both settlements and preventive practices in corporate law.
- It might mean a more challenging landscape for defense against reputational damage.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 8 |
| Year 2 | 7 | 8 |
| Year 3 | 6 | 8 |
| Year 5 | 6 | 9 |
| Year 10 | 7 | 9 |
| Year 20 | 7 | 9 |
Recent Graduate (Chicago, IL)
Age: 26 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 20.0 years
Commonness: 6/20
Statement of Opinion:
- I see this as a positive step forward in protecting vulnerable workers.
- It's motivating to see legislative moves that affirm transparency and accountability.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 8 | 6 |
| Year 3 | 8 | 6 |
| Year 5 | 9 | 6 |
| Year 10 | 9 | 6 |
| Year 20 | 9 | 6 |
Film Producer (Los Angeles, CA)
Age: 39 | Gender: male
Wellbeing Before Policy: 5
Duration of Impact: 10.0 years
Commonness: 3/20
Statement of Opinion:
- This might make arbitration processes more prolonged but necessary for transparency.
- It might bring a trust factor more into our industry if people feel they can be open about issues.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 5 |
| Year 2 | 6 | 5 |
| Year 3 | 7 | 5 |
| Year 5 | 7 | 5 |
| Year 10 | 7 | 5 |
| Year 20 | 7 | 5 |
Activist (Boston, MA)
Age: 31 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 20.0 years
Commonness: 7/20
Statement of Opinion:
- This act is empowering for those I work with and will help prevent future coercive silencing.
- I believe it will lead to broader cultural awareness and change over time.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 7 |
| Year 2 | 9 | 7 |
| Year 3 | 9 | 7 |
| Year 5 | 9 | 7 |
| Year 10 | 9 | 7 |
| Year 20 | 10 | 7 |
Corporate Executive (Miami, FL)
Age: 47 | Gender: male
Wellbeing Before Policy: 7
Duration of Impact: 10.0 years
Commonness: 9/20
Statement of Opinion:
- The policy might necessitate revisiting risk strategies related to liability and employee agreements.
- Initially, it could make things more complex but should not harm long-term business goals.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 7 |
| Year 2 | 6 | 7 |
| Year 3 | 7 | 7 |
| Year 5 | 7 | 7 |
| Year 10 | 7 | 6 |
| Year 20 | 8 | 6 |
Retired (Portland, OR)
Age: 60 | Gender: female
Wellbeing Before Policy: 8
Duration of Impact: 5.0 years
Commonness: 6/20
Statement of Opinion:
- This type of policy reflects positive learning from past issues and a commitment to change.
- I hope this encourages more policies aimed at transparency and fairness.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 8 |
| Year 2 | 8 | 8 |
| Year 3 | 8 | 8 |
| Year 5 | 8 | 8 |
| Year 10 | 8 | 8 |
| Year 20 | 8 | 8 |
Paralegal (Atlanta, GA)
Age: 29 | Gender: male
Wellbeing Before Policy: 7
Duration of Impact: 15.0 years
Commonness: 5/20
Statement of Opinion:
- The Speak Out Act is critical for legal clarity in harassment cases.
- It might open career opportunities as cases become more prominent.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 8 | 7 |
| Year 3 | 8 | 7 |
| Year 5 | 8 | 7 |
| Year 10 | 9 | 7 |
| Year 20 | 9 | 7 |
Cost Estimates
Year 1: $100000000 (Low: $50000000, High: $150000000)
Year 2: $0 (Low: $0, High: $0)
Year 3: $0 (Low: $0, High: $0)
Year 5: $0 (Low: $0, High: $0)
Year 10: $0 (Low: $0, High: $0)
Year 100: $0 (Low: $0, High: $0)
Key Considerations
- The bill will likely lead to increased transparency and accountability in harassment cases.
- Potential shift in corporate and legal culture regarding the use of NDAs.
- Possible increase in litigation as more individuals speak out without fear of NDAs.