New York Partner Discusses the #MeToo Inspired “Speak Out Act” with Law360

In an interview with Law360, Melissa Camire shares her insight on the second #MeToo inspired bill passed this year titled the “Speak Out Act.” This bill bars employers from holding workers to pre-dispute nondisclosure and non-disparagement agreements (NDAs) relating to matters that involve workplace sexual harassment or assault.

Melissa explains that broad NDAs could also be read as placing an unenforceable gag order on an employee under the Speak Out Act. She also notes that the spirit of the law leads her to believe it is intended to provide workers with broad protections, such as in cases where they bring a complaint to human resources but haven't filed a lawsuit.

If companies find themselves the subject of these cases, Melissa says, “HR shouldn’t try to whip out the nondisclosure agreement the worker signed,” and recommends that employers should expect a broad interpretation as to what constitutes a sexual harassment dispute.

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