What is the Speak Out Act?

The Speak Out Act is a federal law that renders non-disclosure and non-disparagement clauses unenforceable if they were signed before a dispute regarding sexual assault or harassment arose.

Can I be sued for violating an NDA by reporting harassment?

If the NDA attempts to restrict your right to report illegal conduct, that specific provision is likely void and unenforceable. You cannot be held liable for reporting harassment to government agencies.

A TermScore is an AI-generated risk rating from 0 to 100 that evaluates the fairness and risk level of any legal document. A score of 86-100 means the contract is highly favorable, while 0-30 indicates dangerous terms you should walk away from.

What types of documents can TermScore analyze?

TermScore analyzes any legal document including freelance contracts, employment agreements, residential leases, NDAs, brand sponsorship deals, SaaS vendor agreements, and rental applications. Upload PDFs, Word documents, or images.

How much does TermScore cost?

TermScore offers a free plan with 3 scores per month. The Team plan is $15/month for 30 scores, and the Professional plan is $50/month for 500 scores with team collaboration features. One-time purchases are also available: a single score for $5 or a 5-pack for $15, with no subscription required.

Is my document data secure?

Yes. Documents are processed in memory and analysis results are stored encrypted. TermScore never shares your document data with third parties and you can delete your data at any time from your dashboard.

Can an NDA prevent reporting sexual harassment under Pennsylvania law?

Q: Can an NDA prevent me from reporting sexual harassment in Pennsylvania?

No. Under both Pennsylvania law and federal statutes like the Speak Out Act, an NDA cannot legally prevent you from reporting sexual harassment, filing a charge with the EEOC, or testifying in a legal proceeding.

Can an NDA prevent you from reporting sexual harassment in Pennsylvania?

No. Under Pennsylvania law and federal regulations, an NDA cannot legally prevent you from reporting sexual harassment to law enforcement, the Equal Employment Opportunity Commission (EEOC), or the Pennsylvania Human Relations Commission (PHRC). Any contract provision attempting to silence such reports is unenforceable as a matter of public policy.

The Legal Landscape: Why NDAs Fail to Silence Victims

While employers often use Non-Disclosure Agreements (NDAs) to protect trade secrets and proprietary information, they cannot be used to conceal criminal activity or violations of civil rights. In Pennsylvania, the courts prioritize the public interest in preventing workplace harassment over private contractual obligations.

Federal Protections: The Speak Out Act

The Speak Out Act, signed into federal law in 2022, fundamentally changed how NDAs function in harassment cases. It specifically targets pre-dispute agreements. If you signed an NDA before the harassment occurred, that agreement is legally void regarding any future claims of sexual assault or sexual harassment.

Pre-dispute agreements: These are unenforceable regarding sexual misconduct.
Post-dispute agreements: These may still be enforceable if they are part of a settlement agreement, but they cannot prevent you from cooperating with government investigations.

Key takeaway: If your employer threatens to sue you for reporting harassment based on an NDA signed before the incident, that threat is likely a violation of federal law.

Action Item: Review the date you signed your NDA. If it predates the harassment, the "non-disclosure" clause regarding that harassment is likely federally unenforceable.

What You Can and Cannot Report

It is critical to distinguish between "trade secrets" and "illegal conduct." An NDA is valid for protecting business data, but it is invalid when used to cover up illegal acts.

Type of Information	Protected by NDA?	Can You Report It?
Trade Secrets	Yes	No
Sexual Harassment	No	Yes
Criminal Assault	No	Yes
EEOC Complaints	No	Yes

Reporting to Government Agencies

You have an absolute right to file a charge with the Equal Employment Opportunity Commission (EEOC) or the Pennsylvania Human Relations Commission (PHRC). Employers are strictly prohibited from retaliating against you for exercising this right. Any contract clause that attempts to waive your right to file a charge with these agencies is void.

Action Item: If you are considering filing a complaint, do not let the fear of a "breach of contract" lawsuit stop you. Consult with an employment attorney to confirm your specific contract language is superseded by state and federal law.

Red Flags in Your Employment Contract

Not all NDAs are created equal. Some employers draft overly broad agreements designed to intimidate employees into silence. Watch for these red flags:

Broad "Non-Disparagement" Clauses: Language that prohibits you from saying anything "negative" about the company, which is often used to mask harassment.
Liquidated Damages: Clauses that threaten massive financial penalties for any disclosure, regardless of the context.
Choice of Law Provisions: Attempts to force you to use the laws of a different state that may have weaker protections for employees.
Forced Arbitration: Clauses that strip you of your right to a jury trial, forcing you into private, confidential proceedings.

Steps to Take If You Are Being Silenced

Document Everything: Keep a detailed log of all incidents, including dates, times, witnesses, and the content of the harassment.
Preserve the NDA: Keep a copy of the contract you signed. Do not sign any "new" agreements or "severance packages" without legal review.
Consult Counsel: Speak with a Pennsylvania employment lawyer who understands the intersection of contract law and civil rights.
Report to Authorities: If the conduct is criminal, contact local law enforcement. If it is discriminatory, contact the PHRC or EEOC.

Key takeaway: Never sign a "release of claims" or a new settlement agreement without having an attorney review it. Once you sign a settlement, you may waive your right to pursue further legal action.

Action Item: If you feel pressured to sign a document "to keep things quiet," pause. You are not legally obligated to sign away your rights to report illegal workplace conduct.

How TermScore Can Help

Navigating the fine print of an employment contract is difficult, especially when you are dealing with the stress of a hostile work environment. TermScore uses advanced AI to analyze your contracts, flagging potentially unenforceable clauses, overreaching non-disparagement terms, and hidden risks that could impact your legal rights. By identifying these issues early, TermScore empowers you to understand your position before you engage with your employer or legal counsel.