Bill Overview
Title: Speak Out Act
Description: This act prohibits the judicial enforceability of a nondisclosure clause or nondisparagement clause agreed to before a dispute arises involving sexual assault or sexual harassment in violation of federal, tribal, or state law.
Sponsors: Sen. Gillibrand, Kirsten E. [D-NY]
Target Audience
Population: individuals at risk of or who have experienced sexual assault or harassment subject to such agreements
Estimated Size: 100000000
- Nondisclosure agreements (NDAs) and nondisparagement clauses are common in employment and other contractual agreements.
- NDAs can deter victims of sexual assault or harassment from speaking out, impacting their ability to pursue further action or find support.
- By prohibiting certain NDAs, this bill specifically impacts individuals who might face or have faced sexual harassment or assault.
- The target population includes potential victims of sexual harassment or sexual assault who have entered into such agreements.
- There are no geographic limitations mentioned in the bill, suggesting it applies wherever federal, tribal, or state laws are relevant, affecting a potentially global audience.
Reasoning
- The distribution of interviews needs to cover a range of experiences regarding sexual assault or harassment and their involvement with NDAs or similar agreements.
- Consideration must be given to the fact that not all individuals experiencing harassment are subject to NDAs, but those in certain industries or higher-level positions may have more exposure.
- The years-long impact of the policy should reflect immediate emotional relief, potential long-term empowerment, but also diverse experiences where some individuals might not feel a significant change.
- The budget constraint suggests the policy will initially affect a smaller proportion than the total potential population impacted in the US, suggesting targeting or phased implementation.
Simulated Interviews
Software Engineer (California)
Age: 29 | Gender: female
Wellbeing Before Policy: 5
Duration of Impact: 10.0 years
Commonness: 10/20
Statement of Opinion:
- The tech industry is rife with NDAs that make it difficult to speak about harassment.
- This policy gives me hope that I can contribute to a safer workplace without fear of legal repercussions.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 5 |
| Year 2 | 7 | 5 |
| Year 3 | 8 | 5 |
| Year 5 | 9 | 5 |
| Year 10 | 8 | 5 |
| Year 20 | 7 | 4 |
Financial Analyst (New York)
Age: 45 | Gender: male
Wellbeing Before Policy: 7
Duration of Impact: 5.0 years
Commonness: 8/20
Statement of Opinion:
- I have seen coworkers silenced by NDAs, which seems unfair and unethical.
- The policy might create a more transparent work environment which is crucial.
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 | 7 | 7 |
| Year 20 | 6 | 6 |
Nurse (Texas)
Age: 35 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 1.0 years
Commonness: 9/20
Statement of Opinion:
- I feel somewhat protected working in healthcare, though the stories from other industries are concerning.
- If this policy means more people can speak out, it's beneficial for everyone.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 6 | 6 |
| Year 5 | 6 | 6 |
| Year 10 | 6 | 6 |
| Year 20 | 5 | 5 |
School Principal (Florida)
Age: 52 | Gender: male
Wellbeing Before Policy: 8
Duration of Impact: 3.0 years
Commonness: 7/20
Statement of Opinion:
- Our focus is on student welfare, but staff well-being is equally important.
- The policy seems like a rightful step to ensure all feel safe and heard.
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 | 7 | 7 |
Marketing Executive (Illinois)
Age: 32 | Gender: female
Wellbeing Before Policy: 4
Duration of Impact: 8.0 years
Commonness: 5/20
Statement of Opinion:
- I'm relieved that current and future victims won't be silenced like I was.
- The opportunity to speak out is empowering.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 4 |
| Year 2 | 6 | 4 |
| Year 3 | 6 | 4 |
| Year 5 | 7 | 4 |
| Year 10 | 7 | 4 |
| Year 20 | 6 | 3 |
HR Manager (Massachusetts)
Age: 40 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 10.0 years
Commonness: 6/20
Statement of Opinion:
- Aligning corporate policies with this legislation will enhance our culture.
- I'm cautiously optimistic about the policy's impact.
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 | 9 | 7 |
| Year 10 | 8 | 7 |
| Year 20 | 7 | 7 |
Freelance Writer (Oregon)
Age: 28 | Gender: other
Wellbeing Before Policy: 6
Duration of Impact: 15.0 years
Commonness: 4/20
Statement of Opinion:
- This policy is in line with my values and could draw me back into the workforce.
- It should increase accountability significantly.
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 | 8 | 6 |
| Year 20 | 7 | 6 |
Attorney (Pennsylvania)
Age: 38 | Gender: male
Wellbeing Before Policy: 5
Duration of Impact: 5.0 years
Commonness: 5/20
Statement of Opinion:
- The change could amplify litigation, but it's a necessary correction.
- I see a potential shift in power dynamics that's overdue.
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 | 6 | 5 |
| Year 20 | 5 | 5 |
Retired Teacher (Ohio)
Age: 55 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 2.0 years
Commonness: 7/20
Statement of Opinion:
- Retirement doesn't erase my care for young professionals working safely.
- I welcome the bill; it remedies what many lacked for years.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 6 | 6 |
| Year 3 | 6 | 6 |
| Year 5 | 6 | 6 |
| Year 10 | 6 | 6 |
| Year 20 | 5 | 5 |
Barista (Washington)
Age: 24 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 0.0 years
Commonness: 3/20
Statement of Opinion:
- I'm skeptical about legal changes until I see their impact.
- Nevertheless, dismantling oppressive structures sounds positive.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 6 | 6 |
| Year 3 | 6 | 6 |
| Year 5 | 6 | 6 |
| Year 10 | 6 | 6 |
| Year 20 | 5 | 5 |
Cost Estimates
Year 1: $15000000 (Low: $10000000, High: $25000000)
Year 2: $15000000 (Low: $10000000, High: $25000000)
Year 3: $15000000 (Low: $10000000, High: $25000000)
Year 5: $15000000 (Low: $10000000, High: $25000000)
Year 10: $15000000 (Low: $10000000, High: $25000000)
Year 100: $15000000 (Low: $10000000, High: $25000000)
Key Considerations
- Legal challenge potential which might affect initial enforceability and costs.
- Varied state laws and regulations might require a coordinated effort for enforcement.
- Potential for increased judicial and administrative workload.