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Congress Voids Sexual Harassment NDAs: 10 Things Employers Need to Know

Congress just passed a law Wednesday that will prevent employers from forcing victims of sexual harassment and assault to remain quiet in response to alleged abuse, requiring some businesses to alter their business practices – and serving as yet another incentive for you to curb unprofessional and illegal workplace behavior. President Biden has indicated that he supports the law, also known as the Speak Out Act, so we can expect him to move quickly and enshrine this bill into law in the coming days. It will take immediate effect upon his signature, rendering void any noncompliant nondisclosure agreement (NDA) or non-disparagement agreement that is challenged thereafter. It will not, however, prevent employers from entering into standard confidentiality agreements with claimants upon settlement of assault or harassment claims or demands. Here are the 10 things you need to know as a result of this impending new law – including a handy compliance checklist.

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