If you are searching for information on the Silence No More Act, you likely have a nondisclosure agreement (NDA) or a similar contract that you fear prevents you from speaking about workplace sexual harassment or assault.
To be clear, there is no single federal law with that exact name. However, you are on the right track. You are likely looking for the Speak Out Act, a federal law signed in December 2022 that works alongside the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act.
Together, these laws fundamentally change the power dynamic. They make pre-dispute NDAs and non-disparagement clauses unenforceable in court when they concern sexual assault or harassment. This is a significant shift, but it is not simple. Employers still include these clauses in contracts, and because Florida lacks its own specific state-level protections seen in places like California or Washington, employees are typically left trying to decipher their rights in a confusing legal situation.
Despite what your employment contract might say, federal law now provides a strong shield. It allows survivors to pursue justice and compensation without the threat of being sued for breach of contract.
If you are unsure if your specific NDA is enforceable under these new federal rules, we are here to help. Call us today for a free consultation.
Key Takeaways for Florida NDAs and the Speak Out Act
- The federal Speak Out Act is the controlling law in Florida, not a state Silence No More Act. This matters because the federal law is narrowly focused on sexual harassment and assault, unlike broader state laws that cover other forms of discrimination.
- The law voids NDAs signed before a dispute arises. Any non-disclosure or non-disparagement clause you signed as part of your hiring paperwork is now unenforceable regarding claims of sexual assault or harassment.
- Florida’s lack of a state law complicates mixed claims. If you experienced both sexual harassment and another form of illegal conduct, like racial discrimination, an employer might still try to enforce the NDA for the non-sexual claim, making legal guidance essential.
Clarifying the Confusion: Silence No More vs. The Speak Out Act
The reason your search led you to the phrase Silence No More is understandable. It is the name given to powerful state-level laws passed in places like California (SB 331) and Washington (HB 1795). These state laws created broad protections for employees, covering all forms of discrimination, including issues related to race, age, and disability, in addition to sexual misconduct.
The federal reality for Florida employees is the Speak Out Act (Public Law 117-224), which President Biden signed into law in December 2022 after it passed with significant bipartisan support. This distinction is significant because the federal Speak Out Act is narrower in scope than its state counterparts; it focuses exclusively on voiding NDAs related to sexual assault and sexual harassment disputes.
This is important for you because Florida does not have its own version of a Silenced No More law. As a result, employees in Florida must rely primarily on the protections established by this federal standard. This section aims to clear the fog, helping you understand the specific legal shield that applies to your situation here in Florida.
Deep Dive: How the Federal Law Invalidates NDAs
Think about the stack of paperwork you signed when you started your job. Buried in there was likely a standard confidentiality or non-disclosure agreement. Its language probably seemed broad, forbidding you from discussing business matters or making any statements that could disparage the company. For years, these boilerplate clauses have created a chilling effect, discouraging employees from speaking out about abuse.
The Speak Out Act targets the core of this problem by drawing a bright line between two types of agreements: pre-dispute and post-dispute.
Pre-Dispute vs. Post-Dispute Agreements
This distinction is key to understanding your rights.
- Pre-Dispute Agreements: These are the NDAs and non-disparagement clauses you sign before a problem occurs. They are part of your initial hiring paperwork, an employee handbook acknowledgment, or a promotion agreement. You sign them as a condition of employment, long before any incident of harassment or assault takes place.
This is where the legal shift occurred. Under the Speak Out Act, these pre-dispute clauses become legally powerless the moment a sexual harassment or sexual assault claim arises. Thus, an employer cannot use a contract you signed in 2020 to silence a valid harassment claim that emerges today. The law effectively carves out sexual misconduct from the list of things you are contractually silenced about.
Working in tandem with this is the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which became law in March 2022. This legislation ensures that not only can you speak out, but you also cannot be forced into a secret, private arbitration proceeding. It preserves your right to have your case heard in a public court, before a jury of your peers.When reviewing your employment documents, pay attention to the dates. While the Speak Out Act does not retroactively invalidate old settlement agreements, it does apply to any claims filed after its December 7, 2022, enactment, regardless of when you originally signed the NDA.
The Florida Impact: Navigating NDAs in an At-Will State
The legal landscape in Florida adds another layer of complication. Florida is an at-will employment state. In simple terms, this means that, absent an employment contract stating otherwise, either you or your employer may terminate the employment relationship at any time, for any reason—or no reason at all—as long as the reason is not illegal, such as discrimination or retaliation.
The problem arises because Florida has not passed its own state-level law that broadly restricts NDAs for things like general workplace toxicity or other forms of discrimination. In states like Washington, the local Silenced No More Act voids NDAs related to wage theft, racial discrimination, and other illegal conduct. In Florida, an employer may still attempt to enforce an NDA concerning non-sexual hostile work environment claims.
What Happens in Mixed Cases?
This creates a situation of partial unenforceability. Imagine you experienced both severe racial discrimination and sexual harassment from a manager. Under current law:
- The portion of your NDA preventing you from discussing the sexual harassment is void under the federal Speak Out Act.
- The employer might still argue the NDA is valid for the racial discrimination part of your claim.
This is a complicated situation designed to intimidate employees into silence. At Brenton Legal, our approach is to recognize that federal law sets the floor, not the ceiling, for your rights. We handle these mixed cases by focusing on the element of sexual misconduct, which serves as the key to unlocking your right to speak.
Frequently, the discriminatory and harassing behaviors are so intertwined that silencing you on one front becomes impossible without illegally silencing you on the other. This strategic focus neutralizes the entire NDA.
A Note on Remote Work
If you live in Florida but work remotely for a company headquartered in a state with stronger protections like California or Washington, your employment contract may contain a choice-of-law provision. This clause could mean that the more protective laws of the company’s home state apply to your agreement, offering you broader rights than Florida law alone provides. Interpreting these provisions requires careful legal analysis.
Limits of the Law: What the Federal Act Does NOT Cover
While the Speak Out Act is a powerful tool, you must understand its boundaries. The law was written with a specific goal and does not invalidate all forms of confidentiality agreements.
Post-Dispute Settlements are Different
The law is aimed squarely at pre-dispute agreements—those signed before an incident occurs. If you have already raised a claim of sexual harassment and are negotiating a severance or settlement package with your employer, any new NDA included in that agreement is considered a post-dispute agreement.
An NDA signed at this stage, in exchange for financial consideration, is likely still enforceable under federal law. Always have legal counsel before signing any severance agreement, as you may be permanently signing away your right to speak.
Trade Secrets Are Still Protected
The Speak Out Act is not a license to share sensitive corporate data. The law makes it clear that it does not affect the enforceability of NDAs designed to protect legitimate trade secrets, client lists, proprietary formulas, or other confidential business information. The goal of the law is to allow reporting of abuse, not to facilitate corporate espionage.
Non-Sexual Claims May Still Be Covered by an NDA
As mentioned previously, Florida law does not offer the broad protections seen in other states. If your claim involves a hostile work environment based on bullying, safety violations, or other forms of discrimination not involving sexual misconduct, this specific federal law does not automatically void your NDA.
Other whistleblower protections might apply, but the analysis is different and requires a close look at the specific facts of your case.
Practical Steps: What to Do If You Have Signed an NDA
Step 1: Document Everything
Before you speak to anyone other than an attorney, your priority is to gather your evidence. The Speak Out Act may void an NDA, but it does not remove your obligation to prove the underlying harassment or assault claim.
Documenting dates, times, locations, witnesses, and specific statements or actions will be invaluable. This evidence is also your best defense should an employer try to retaliate with a baseless defamation claim.
Step 2: Look for a Carve-Out Clause
Review the language of your NDA or employment agreement carefully. Many modern, legally compliant contracts already contain a carve-out disclaimer. This language usually states something like, “Nothing in this agreement prevents the employee from reporting illegal acts to the Equal Employment Opportunity Commission (EEOC) or other government agencies.” The absence of such a clause could indicate the contract is outdated or overly broad.
Step 3: Consult an Attorney Before Breaking Your Silence
Because Florida law is complicated, your first move should not be a social media post or a group email to coworkers. Your first conversation should be a confidential, privileged consultation with an employment law attorney. We will confirm that the conduct you experienced meets the legal definition of sexual harassment or sexual assault under the federal statute, thereby ensuring your actions are protected.
Step 4: Understand the Leverage of a Severance Offer
If your employer offers you a severance package to resolve the issue, recognize this for what it is: a post-dispute agreement. This is the moment when your negotiating power is at its peak. Before you sign anything that includes a new confidentiality clause, we recommend having an attorney review it to advise you on your rights and help negotiate fair terms.
FAQ for Florida Employees Regarding NDAs and Harassment
Does the Speak Out Act apply to my old employment contract signed in 2018?
Yes. The law applies to the dispute, not the contract’s date. If the sexual harassment or assault dispute arises today, the Speak Out Act makes any pre-dispute NDA or non-disparagement clause in your 2018 contract unenforceable for that specific claim.
Can I still be fired for breaking an NDA if I report sexual harassment?
Firing you for reporting sexual harassment is an act of retaliation, which is a separate and illegal act under federal law. The Speak Out Act protects your right to speak about the harassment, and retaliation laws protect your job for doing so. If you are fired after reporting misconduct, you may have a strong claim for wrongful termination.
Does this law cover gender discrimination that isn’t sexual harassment?
Generally, no. The federal Speak Out Act is specific to sexual assault and sexual harassment. While gender discrimination is illegal, if it does not manifest as sexual harassment, an NDA covering it may still be enforceable in Florida. This is a complicated area that highlights the importance of getting a legal opinion on your specific facts.
Can I report the harassment to the police without violating my NDA?
Yes. An NDA does not prevent you from reporting criminal activity to law enforcement. This is a long-standing public policy principle that exists entirely separate from the Speak Out Act.
What is the Equal Employment Opportunity Commission (EEOC) and must I file a complaint with them first?
The EEOC is the federal agency that enforces anti-discrimination and anti-harassment laws in the workplace, including Title VII of the Civil Rights Act. You must file a formal complaint, or Charge of Discrimination, with the EEOC or a similar state agency before filing a sexual harassment lawsuit in court. You must file the charge within a specific time limit to preserve your right to sue.
How much time do I have to report sexual harassment or file a lawsuit in Florida?
The strict time limit for filing a claim, known as the statute of limitations, depends on the law you use to pursue the case. You must file a Charge of Discrimination with the EEOC, typically within 300 days of the last incident of harassment, to preserve your federal claims. Florida law has different, and potentially shorter, deadlines for state claims.
Do not delay. Immediately consult an attorney to secure your claim.
Your Voice Cannot Be Contracted Away
A signature on a piece of paper does not strip you of your civil rights, nor does it grant an employer immunity for abuse. Many Florida employers continue to use these broad NDAs, relying on their chilling effect to keep victims quiet. They are banking on your fear of a lawsuit that they know they will not win.
You do not have to handle the conflict between your contract and your rights alone. Our firm has deep experience helping Florida employees interpret their agreements and pursue the justice they are owed.
If you are holding a contract that feels like a gag order, let us review it. Contact Brenton Legal today to understand your true options and move forward.
Ryan Brenton
Ryan Brenton, the founding partner of Brenton Legal PA, is a distinguished employment lawyer with a profound experience in a variety of employment disputes. His practice encompasses complex litigation, wage and hour class action cases, and discrimination, harassment, and retaliation claims. Representing a diverse clientele, from minimum wage workers to executives, Ryan has successfully argued cases in both state and federal courts, as well as in administrative proceedings. His legal acumen has earned him a national reputation and respect from clients and peers alike. A graduate of Nova Southeastern University, Shepard Broad Law Center, and holding a B.S. in Economics from Florida Atlantic University, Ryan's legal prowess is underpinned by a solid educational foundation. His commitment to justice and fairness in the workplace marks him as a trusted advocate in the field of employment law.
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