2019: Fitzpatrick Effectively Voted To Prevent Federal Employees Who
Had Been Disciplined For Sexual Misconduct From Receiving A Federal Pay
Increase Authorized By The Underlying Bill. In January 2019,
Fitzpatrick effectively voted for an amendment that would have,
according to Congressional Quarterly, "prohibit[ed] the use of
government funds for the purpose of providing an increase in pay for
calendar year 2019 for any federal employee who has been disciplined for
sexual misconduct in the workplace." The underlying legislation raised
pay for federal civilian employees. The vote was on a motion to
recommit. The House rejected to the motion by a vote of 206 to 216. The
House later passed the underlying bill. [House Vote 63,
1/30/19; Congressional
Quarterly, 1/30/19; Congressional
Actions, H.R.
790]
2022: Fitzpatrick Voted To Prohibit Enforcement Of Pre-Dispute
Non-Disclosure And Non-Disparagement Clauses Relating To Sexual Or
Harassment Disputes. In November 2022, according to Congressional
Quarterly, Fitzpatrick voted for with the Speak Out Act, which would
"make predispute nondisclosure and nondisparagement clauses, which are
common in employment contracts, unenforceable with respect to sexual
assault or harassment disputes under federal, state or tribal law, thus
allowing parties to such disputes to disclose information on conduct and
settlements related to the dispute. The bill would specify that states
and localities may enforce laws that are at least as protective as the
bill's provisions regarding individuals' rights 'to speak freely,' and
that it would not supersede any federal, state or local law governing
the use of pseudonyms in the filing of claims involving sexual assault
or harassment." The vote was on passage. The House passed the bill by a
vote of 315-109, thus the bill was sent to President Biden and it
ultimately became law. [House Vote 480,
11/16/22; Congressional
Quarterly, 11/16/22;
Congressional Actions, S.
4524]
The Bill Banned Enforcement Of Pre-Dispute Non-Disclosure And
Non-Disparagement Clauses Regarding Sexual Assault Or Harassment.
According to Congressional Quarterly, "Convenes at noon to consider
11 bills under suspension of the rules, postponed Tuesday, and a
bill (S 4524) to prohibit enforcement of predispute nondisclosure
and nondisparagement clauses relating to sexual assault or sexual
harassment." [Congressional Quarterly,
11/16/22]
The Bill Allowed Employees To Talk About Their Sexual Harassment
Or Assault Experiences At Work By Nullifying Non-Disclosure
Agreements That Coerced Workers To Remain Silent On These Cases.
According to Forbes, "The U.S. House voted today to pass the Speak
Out Act to restore the voices of victims of sexual harassment and
assault. The law will allow employees to talk about their
experiences with harassment or assault at work by invalidating
nondisclosure agreements (NDAs) that force workers to remain silent
in these cases." [Forbes,
11/16/22]