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Employees may soon be free of workplace sexual harassment NDAs

On Behalf of | Nov 21, 2022 | Non-Disclosure Agreements

In Colorado and throughout the United States, many people feel that all allegations of workplace wrongdoing can be addressed in a legal setting. However, that has not been completely true.

For many, a non-disclosure agreement was an obstacle in speaking out about what they have been subjected to, especially when it comes to sexual harassment.

People who were in a situation where they could not speak out because of an NDA should know about pending changes and have help with a sexual harassment claim that had previously been blocked.

Congress passes the Speak Out Act

Advocates for worker rights have tried to have the law changed so workers can lodge complaints. Now, that goal is close to reality. Congress has passed a bill clearing the way for these NDAs to be obsolete.

Once it is signed by the president – as it is expected to be – the new law will be in effect. Colorado Rep. Ken Buck was at the forefront of getting the law passed.

With the bill, a sexual harassment or sexual assault NDA will be invalidated. A major factor in the law’s advancement was the #MeToo movement that gained traction on social media and became a prominent story of how people in various industries have been mistreated on the job.

After the law goes into effect, employers can still use an NDA if they reach a settlement with an employee. The bill is specific in its scope limiting it to sexual harassment and rape.

Victims of sexual harassment should know their rights

This new law is a substantive change for people who were unable to speak out about sexual harassment on the job due to an NDA.

For help with understanding the nuance of the law and what their options are, it is vital to have professional advice. Consulting with assertive and aggressive professionals who know how to gather evidence, negotiate a settlement or go to trial if necessary is key with taking employers to task for wrongdoing in their business.