Congress recently showed bipartisan support for alleged victims of sexual assault and sexual harassment when it passed the Speak Out Act!, a law designed to limit the use of non-disclosure agreements to prevent discussions of sexual violence and sexual impropriety in the workplace. In this discussion, we will explore Congress’ recent actions to extend protection for alleged victims of this sort of workplace misconduct, the steps employers should take to modify their existing non-disclosure agreements or to draft compliant ones going forward and take a look at some state actions that go even farther than Congress’ recent federal legislation.
Key topics to be discussed:
To whom the Speak Out Act applies
The #metoo movement and its effect on legislation
The implications of the legislation for existing and future non-disclosure agreements
Analogous state and local legislation that multi-state employers should be aware of
Date: January 19, 2023
Laura Lawless | Squire Patton Boggs
Laura Lawless is a trial lawyer who represents employers before federal and state courts and administrative agencies, as well as in arbitration and mediation proceedings, defending employers in matters arising under federal and state employment laws, including claims of discrimination, harassment, retaliation, whistleblower retaliation, wrongful termination, wage and hour violations, and breach of contract, as well as in noncompetition, nonsolicitation, nondisclosure, trade secret and unfair competition cases.
Laura also counsels and collaborates with human resources professionals, including assisting in workplace investigations, auditing wage and hour practices under the Fair Labor Standards Act and analogous state laws, reviewing and advising on leaves of absence, preparing executive employment agreements and separation agreements, drafting employment policies and handbooks, advising on drug and alcohol testing and workplace violence prevention, delivering interactive management and executive training, and advising on reduction-in-force planning and implementation. She is also a frequent contributor and speaker on employment and labor law topics, including at state and local affiliates of the Society for Human Resources Management (SHRM).
In addition to her labor and employment practice, Laura assists private business owners in complying with Title III of the Americans with Disabilities Act and analogous state laws, requiring disability accessibility in places of public accommodation.
I. To whom the Speak Out Act applies | 2:00pm – 2:15pm
II. The #metoo movement and its effect on legislation | 2:15pm- 2:30pm
III. The implications of the legislation for existing and future non-disclosure agreements | 2:30pm – 2:45pm
IV. Analogous state and local legislation that multi-state employers should be aware of | 2:45pm – 3:00pm