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.
