Does an NDA Mean You Can Never Speak About Abuse?
A new federal bill says no — and survivors helped make the case.
Key takeaway: No — a pre-dispute NDA cannot legally stop you from speaking about sexual assault or harassment; the federal Speak Out Act of 2022 already makes those clauses unenforceable. A new bill introduced in Congress this September, the Survivor's Voice Protection Act, would go further and void even existing NDAs that…
By Dear Sarah · · Updated
Key takeaways
- The Survivor's Voice Protection Act (H.R. 10389), introduced by Rep. James Comer on September 16, 2026, would void nondisclosure agreements that silence sexual abuse survivors, including retroactively on existing contracts.
- The bill grew out of a congressional investigation into how NDAs were used to shield Jeffrey Epstein's abuse for years.
- Four of the bill's five original co-sponsors are women, including Reps. Nancy Mace and Anna Paulina Luna.
- The federal Speak Out Act, signed into law in 2022, already makes pre-dispute NDAs unenforceable for sexual assault and harassment claims, though settlement NDAs signed after a dispute arises are not covered.
- Roughly a third of U.S. workplaces use NDAs, and women file the large majority of sexual harassment charges, which is why advocates like Gretchen Carlson's Lift Our Voices have pushed for years to limit them.
If you've ever signed something that made you feel like your own story wasn't yours anymore, here's the headline: Congress just introduced a bill that would void nondisclosure agreements used to silence survivors of sexual abuse, even retroactively, on existing contracts. It's called the Survivor's Voice Protection Act, and it exists because for years, paperwork has been doing the work that power didn't want to do out loud.
Why did Congress introduce this bill now?
House Oversight Chairman James Comer introduced H.R. 10389 on September 16, after a monthslong investigation into how Jeffrey Epstein's operation was shielded for decades. "What we've learned during this investigation is there were a lot of rules that prevented victims of sexual abuse from coming forward," Comer said, pointing specifically to NDAs as one of those rules. The bill would let survivors speak about abuse regardless of what they signed, and for the first time defines grooming in federal law so adults around a child have a real duty to report it. Four of the five original co-sponsors are women, including Reps. Nancy Mace and Anna Paulina Luna.
This legislation didn't come from nowhere. It follows survivors like Marina Lacerda, who spent years identified only as "Minor-Victim 1" before choosing to speak publicly, and it echoes work that's been building for years: journalist Gretchen Carlson co-founded Lift Our Voices back in 2019, after her own settlement came wrapped in an NDA, specifically to fight for survivors' right to say what happened to them.
Why this matters even if you never go near Congress
Here's the part that touches more women than a bill about Epstein might suggest: roughly a third of U.S. workplaces use NDAs, and women file the overwhelming majority of sexual harassment charges. Every time one of those cases gets settled quietly, a woman is being asked to trade her voice for a number. That's the same instinct that shows up when Congress took 237 years to hold its first hearing on menopause — institutions don't rush to hear women until something forces them to, the same way it took global pressure before anyone seriously asked whether gender apartheid counts as a crime against humanity. Gloria Steinem spent a career teaching women to use their voice anyway, long before any law caught up.
One thing to try today
You don't have to wait for this bill to pass to know your rights. The Speak Out Act, already federal law since 2022, means a pre-dispute NDA can't be enforced against you for sexual assault or harassment claims. If you're ever handed paperwork before a dispute even exists, you can refuse that clause specifically — it's already unenforceable, whether or not anyone tells you so.
"Your story is what you have, what you will always have. It is something to own." — Michelle Obama, Becoming
💌 Sarah
Frequently asked questions
Can an NDA legally stop me from reporting sexual abuse or harassment?
Not if it's a pre-dispute NDA covering sexual assault or harassment, thanks to the federal Speak Out Act of 2022 — those clauses are unenforceable in court. NDAs signed as part of an actual settlement after a dispute arises are more legally complicated, which is exactly what the newly introduced Survivor's Voice Protection Act is trying to address.
What does the Survivor's Voice Protection Act actually do?
It would void nondisclosure agreements that prevent survivors of sexual abuse from speaking out, applying the rule retroactively to contracts already signed. It also creates a federal duty for trusted adults to report suspected grooming of minors and defines grooming in federal law for the first time.
Why did this bill come out of the Epstein investigation?
House Oversight Chairman James Comer said the committee's investigation into Jeffrey Epstein's trafficking operation found that NDAs were repeatedly used to keep survivors from coming forward for years. The bill was introduced to close that specific loophole going forward.
Is it true that most workplaces use NDAs?
Roughly a third of U.S. workplaces use some form of nondisclosure agreement, and research shows these clauses have historically been used to limit workers' ability to discuss harassment, which is part of why advocacy groups like Lift Our Voices have pushed for both state and federal reform.
Sources
- Chairman Comer Introduces the Survivor's Voice Protection Act — House Committee on Oversight and Government Reform
- #MeToo Victory: Biden Signs Law Limiting NDAs and Protecting the Right to Speak Out About Sexual Abuse — Ms. Magazine
- Central witness in Jeffrey Epstein case speaks publicly for 1st time — ABC News
- Lift Our Voices — Lift Our Voices
Keep reading
- Why Did It Take Congress 237 Years to Hold a Menopause Hearing? — Congress has existed for 237 years and never once held a hearing on menopause. That changed this month, and it says a lot about who gets listened to.
- Is Gender Apartheid a Crime Against Humanity Yet? — A woman called it 'political femicide' at the UN this week. Here's what she said, and why it matters more than you think.
- Do AI Notetakers Help Women Speak Up More at Work? — New data found women talk 9% more in meetings once an AI notetaker starts recording. Here's what that says about being heard, and what to do with it.
- What Gloria Steinem Taught Us About Using Your Voice — Gloria Steinem died this week at 92. Here's the one thing she taught women about using their voice.