The Foundation for Global Sports Development delivers and supports initiatives that promote fair play, education, and the benefits of abuse-free sport for youth.
White Law PLLC was founded to provide more personalized representation to clients facing legal dilemmas. Whether you have an issue that is complex or relatively straightforward, any legal matter can have a significant impact on your life. Our team of experienced lawyers based in Okemos, Michigan, strive to deliver outstanding legal services that exceed your expectations. We utilize our extensive legal knowledge and the latest in technology to bring you effective and proven solutions to your legal issues.
Five Years After #MeToo, NDAs Are Still Silencing Victims
Five Years After #MeToo, NDAs Are Still Silencing VictimsFive Years After #MeToo, NDAs Are Still Silencing VICTIMS Gretchen Carlson and Julie Roginsky’s organization Lift Our Voices wants to eliminate the use of. NDAs to silence VICTIMS of sexual misconduct in all fifty states. (Photo by Rodin Eckenroth/Getty Images ) On Friday, Donald Trump’s presidential campaign was ordered to pay more than $300,000 to an employee who the campaign’s lawyers said violated her NDA when she accused Trump of forcibly kissing her. When NDAs were exposed as a tool for sexual predators to hide their behavior during the #MeToo movement, there were urgent calls to eliminate their use in cases of sexual misconduct. Now, almost five years later, these confidentiality agreements are still silencing VICTIMS in most states. Ex-Fox News host Gretchen Carlson and contributor Julie Roginsky both filed lawsuits alleging they were sexual harassed by Fox News CEO Roger Ailes. As part of their settlements, each had to sign an NDA prohibiting them from speaking about their experiences. Other times, NDAs are imposed as part of a settlement prohibiting discussion of the allegations or settlement terms. The #MeToo movement shed light on how NDAs can be misused to protect predators. Movie mogul Harvey Weinstein used NDAs “to evade accountability for claims of sexual harassment and assault for at least 20 years.” USA Gymnastics used an NDA to try to silence McKayla MARONEY from coming forward to report abuse from team doctor, Larry Nassar. Last December, a settlement was reached to compensate hundreds of girls and women abused by Nassar. Some women, like Bill O’Reilly’s accuser Andrea Mackris and R. Kelly’s accuser Lanita Carter , broke their NDAs to publicly voice their accusations and expose the accused. Gretchen Carlson believes NDAs not only protect predators, but they also make it difficult for to find employment and can even drive women out of the workforce entirely. For those bound by NDAs, “when you’re asked why you left your previous job, your response has to be, ‘I can’t tell you.’ And as you can imagine, that doesn’t bode well for getting another job when you can’t disclose why you left your previous one,” Carlson explains. State Laws Restricting NDA Use Since #MeToo, at least 17 states have instituted legislation restricting the use of NDAs; however these policies vary in their scope and effectiveness. Some limit NDAs only in cases of sexual misconduct, others in all discrimination cases, and still others for any illegal acts. In order to respect a VICTIM’S privacy, many states leave the decision about whether or not to sign an NDA up to the victim. In practice, leaving the NDA signing decision to the victim can cause problems. Andrea Johnson, Director of State Policy at the National Women’s Law Center, says in states where the decision is left to the victim, VICTIMS are pressured into asking for an NDA. “It’s turning into coercion,” she says. “Employers have been restructuring their negotiations to start with, ‘Are you going to agree to an NDA or not? The researchers concluded that reviewers felt freer to come clean about their workplace after the NDA legislation was passed. This openness not only helps job-seekers identify potentially problematic employers but helps companies who offer more hospitable environments to stand out among the competition, the researchers concluded. Most States Still Allow NDAs In Cases Of Sexual Misconduct Despite the #MeToo calls to allow VICTIM’S voices to be heard, the majority of states have not enacted any legislation restricting the use of NDAs. Andrea Johnson says that many states are still working to put some legislation together, and other states are working to refine the legislation already on the books. But many still believe NDA restrictions aren’t the best solution. That’s been the major argument against these bills, but we’ve not seen that happening.” She says she’s had conversations with attorneys in California and New Jersey, both states which have instituted broad-based legislation restricting NDAs, and settlements are still happening. Arguments in favor of eliminating NDA use in cases of sexual misconduct and discrimination seem to far outweigh those opposing legislation. But the most compelling reason to restrict NDAs is to give a voice. Carlson believes we have to stop treating who are brave enough to come forward as pariahs that need to be silenced. Eliminating NDAs gives a voice, and that empowers them. “When you have a voice, you increase your power, and it might even deter the behavior from happening because the predator knows they might get caught,” Carlson says.
Download View in BrowserThe Foundation for Global Sports Development delivers and supports initiatives that promote fair play, education, and the benefits of abuse-free sport for youth.
White Law PLLC was founded to provide more personalized representation to clients facing legal dilemmas. Whether you have an issue that is complex or relatively straightforward, any legal matter can have a significant impact on your life. Our team of experienced lawyers based in Okemos, Michigan, strive to deliver outstanding legal services that exceed your expectations. We utilize our extensive legal knowledge and the latest in technology to bring you effective and proven solutions to your legal issues.