Erica Herman filed a lawsuit against Tiger Woods citing the federal Speak Out Act, TMZ reported. She wants to nullify an NDA, which will help her to talk about their relationship.
The Speak Out Act nullifies an NDA if evidence of sexual harassment or abuse is presented.
What is the Speak Out Act?
The Speak Out Act was created in order to address the problems raised by the #MeToo movement. Some nondisclosure and non-disparagement agreements are rendered invalid by the act when they pertain to claims of sexual assault or sexual harassment.
“This act prohibits the judicial enforceability of a nondisclosure clause or nondisparagement clause agreed to before a dispute arises involving sexual assault or sexual harassment in violation of federal, tribal, or state law,” the US Congress states.
It has been effective since December 7, 2022, when US President Joseph Biden signed the act into law after it was passed by a significant vote in Congress. The act aims to protect the rights of victims and survivors to expose and publicly reveal sexual abuse, to hold those who engage in such behavior accountable, and to foster safer and more effective workplaces.
Every arrangement involving one or more parties is covered by the act. This comprises contracts made between employers and their current, past, potential, and independent contractors. Arrangements between buyers and sellers of products and services are also covered by the legislation.
On March 8, Us Weekly received court paperwork that Erica Herman submitted in an effort to get the non-disclosure contract she signed with Woods when they first started dating in 2017 annulled.
“Because of the aggressive use of the Woods NDA against her by the Defendant and the trust under his control, the Plaintiff is unsure whether she may disclose, among other things, facts giving rise to various legal claims she believes she has,” the docs read. “She is also currently unsure what other information about her own life she may discuss or with whom. There is therefore an active dispute between the Plaintiff and the Defendant for which the Plaintiff needs a clarifying declaration from the court.”
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Herman and Woods have not spoken publicly about their alleged breakup yet, but she was conspicuously absent from his most recent golf trips.