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ARTICLE · 27 DECEMBER 2022

End-of-Year Employment Law Developments

McDermott Will & Schulte
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On Dec. 13, 2022, President Joe Biden signed into law the Respect for Marriage Act, which mandates federal recognition of same-sex marriages. The law also prohibits states from refusing...

United StatesEmployment and HR
Mark Brossman
Mark Brossman
Ronald E. Richman
Ronald E. Richman
Martin L. Schmelkin
Martin L. Schmelkin
Scott A. Gold
Scott A. Gold
Max Garfield
Max Garfield
Donna K. Lazarus
Donna K. Lazarus
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Federal Same Sex Marriage Act Becomes Law

On Dec. 13, 2022, President Joe Biden signed into law the Respect for Marriage Act, which mandates federal recognition of same-sex marriages. The law also prohibits states from refusing to recognize out-of-state marriages on the basis of sex, race, ethnicity or national origin. In addition, the statute officially voids the Defense of Marriage Act, which defined marriage as only between a man and a woman.

Biden Signs "Speak Out Act"

On Dec. 7, 2022, the Speak Out Act ("SOA") was signed into law by President Biden to address agreements entered into by employers. With respect to a sexual assault or sexual harassment dispute, the SOA provides that no non-disclosure clause or non-disparagement clause agreed to before the dispute arises shall be judicially enforceable. A non-disclosure clause requires a party to a contract not to discuss the conduct, the existence of a settlement involving conduct, or information about the

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