NDAs & Confidentiality
Representing employees subjected to sexual assault, unwanted touching, and related misconduct by supervisors, coworkers, or third parties on the job.
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The law on silencing harassment victims has changed substantially. The federal Speak Out Act makes pre-dispute confidentiality and non-disparagement clauses unenforceable in sexual harassment and assault matters, and a companion statute lets you choose court over forced arbitration. New York requires that confidentiality be the complainant's own preference, and New Jersey makes concealment provisions unenforceable against employees. Many people are bound by considerably less than they believe. We review settlement and severance agreements before they are signed.
The law on silencing harassment victims has changed substantially. The federal Speak Out Act limits pre-dispute NDAs, New York requires that confidentiality be the complainant's own preference, and New Jersey makes concealment provisions unenforceable against employees. This guide explains what you can still say and what to check before signing.
The federal Speak Out Act limits the enforceability of predispute non-disclosure and non-disparagement clauses in sexual assault and sexual harassment matters. This post explains what the law does and what it does not do.
Confidential settlements and NDAs are common in workplace sexual harassment cases, especially for high-profile professionals seeking privacy. This guide explains what NDAs typically cover, the benefits and tradeoffs of confidentiality, and the key clauses—like non-disparagement, no-rehire, and clawbacks—that you should review carefully before signing in NY, FL, or NJ.
This in-depth analysis tracks the Harvey Weinstein case from its explosive revelations to its long-term impact on workplace law. It highlights how more than 80 allegations led to criminal convictions, sparked a global movement, and inspired legislative changes like the SPEAK Out Act. The article outlines practical lessons for employers and emphasizes the need for strong policies, transparent processes, and survivor-centered support systems.
Non-disclosure agreements (NDAs) are often used in sexual harassment settlements to ensure confidentiality but raise concerns about accountability. While NDAs protect victims' privacy and help resolve cases quickly, they can also shield perpetrators and limit transparency. High-profile cases like Harvey Weinstein and Activision Blizzard show the negative impact of NDAs in perpetuating harassment cultures. Recent legislative changes, like California’s Silenced No More Act and New York’s anti-NDA law, aim to empower victims and increase transparency. Balancing confidentiality and accountability remains a critical issue for employers and lawmakers.
A hostile work environment can be created by various factors, including persistent sexual jokes or comments, inappropriate touching, sexually explicit emails or messages, and the presence of sexually suggestive materials in the workplace. Any behavior that makes an employee feel uncomfortable, intimidated, or offended based on their gender or sexual orientation may contribute to a hostile environment.
Yes, sexual harassment can occur in any work-related setting, including off-site meetings, business trips, company events, and virtual work environments. Employers have a duty to ensure that their employees are protected from sexual harassment regardless of the location or circumstances.
If you witness sexual harassment happening to a coworker, it's important to offer support to the victim and encourage them to report the behavior to HR or management. You can also document the incident if possible and provide testimony or statements during any investigation. Standing up against sexual harassment helps create a safer and more respectful workplace for everyone.
Yes, third parties, including clients, customers, vendors, and contractors, can be held accountable for sexual harassment if their behavior creates a hostile work environment for employees. Employers have a responsibility to address and prevent sexual harassment from any source within the workplace, including external parties.
Individuals who have experienced sexual harassment can seek support from various resources, including employee assistance programs (EAPs), counseling services, support groups, and legal aid organizations. Many jurisdictions also have hotlines and helplines specifically for victims of sexual harassment where they can receive information and assistance.
In some cases, bystanders who witness sexual harassment but fail to intervene or report the behavior may also be held accountable, especially if they have a duty to act based on company policies or legal requirements. Encouraging bystander intervention and promoting a culture of accountability can help prevent sexual harassment and support victims.
Employers can promote a culture of respect and inclusion by providing comprehensive training on sexual harassment prevention, fostering open communication channels for reporting harassment, implementing clear policies and procedures for addressing complaints, and holding all employees accountable for their behavior. Creating a supportive and respectful work environment benefits everyone and reduces the risk of harassment.
If you experience retaliation for reporting sexual harassment, document the retaliatory actions, report them to HR or management, and seek legal advice from an experienced employment lawyer. Retaliation against employees for engaging in protected activities, such as reporting harassment, is illegal, and you have rights and protections under the law.
