How do workplace harassment lawyers handle non-disclosure agreements?
workplace harassment lawyers handle non-disclosure agreements
In the wake of the #MeToo movement, the use of non-disclosure agreements has come under increased scrutiny. While NDAs are commonly included in standard employment contracts to safeguard intellectual property and other confidential information, these legal instruments can have serious implications when used to settle sexual harassment claims. As a result, many states are now passing laws restricting the scope of NDAs in these situations.
A common scenario involves a woman who reports workplace harassment lawyer. After a company conducts an investigation, the company offers compensation to address her concerns, but asks her not to disclose the terms of the settlement. The NDA usually includes a clause that prohibits the woman from discussing her experience with others, and may include liquidated damage penalties for violating the agreement.
This type of NDA has become particularly troubling due to the fact that sexual harassment and abuse is often based on hearsay, so it can be difficult for victims to prove their cases without the assistance of other people who witnessed or heard of the incident. This imbalance in power can be even more stark when a large corporation hires a large law firm to represent it, while the harassed employee has limited money and a limited understanding of her legal rights.
How do workplace harassment lawyers handle non-disclosure agreements?
Many companies and individuals who are facing allegations of sexual misconduct, including workplace harassment toronto, are requesting NDAs as part of settlement agreements to ensure that any confidential information remains private. However, critics of these agreements have argued that they can help serial harassers and abusers avoid discovery and keep their behavior secret, while silencing the victims of their misconduct. Congress has taken note of this concern, and last year passed legislation that makes NDAs enforceable only in circumstances involving allegations of discrimination, harassment, or retaliation.
The current state of NDA law is complex. Several states have now enacted legislation that is based on California’s model legislative framework for NDA restrictions, while others have enacted laws that go beyond this and prohibit broader forms of confidentiality agreements, such as non-disparagement clauses. For example, in New York, new legislation that took effect on August 12 of this year prohibited employers from asking employees to sign comprehensive NDAs as a condition of settling their harassment claims.
It also removed a requirement that NDAs must be “severe or pervasive” in order to be actionable under the state’s human rights laws, extended protections against discrimination and harassment to independent contractors, and banned “no rehire” provisions for individuals who have filed a complaint of sexual harassment or discrimination.
Regardless of the state of NDA laws in your state, it’s important to consult with an experienced workplace harassment lawyer who can listen to your story in a privileged and confidential setting, explain your rights and options, and help you decide what the best course of action is for you. Contact us today to schedule a free case evaluation with one of our experienced attorneys.
If you’ve been the victim of sexual harassment or other forms of discrimination in the workplace, don’t suffer in silence. Our experienced lawyers have the knowledge, staffing, and resources to level the playing field.