December 4, 2017
Partner Mark Konkel
was quoted in the Wired
article “How to Piece the Secrecy Around Sexual Harassment Cases” discussing the recent downpour of sexual harassment and assault allegations. Since October, a handful of legislators around the country have proposed bills banning confidentiality clauses in sexual harassment settlements, where accusers are typically offered money if they agree not to pursue a claim or a lawsuit.
“NDAs (non-disclosure agreements) can effectively gag speech about a matter of genuine public concern,” said Mark, and employers have to balance a legitimate need for confidentiality with a public perception that NDAs are “silencing” employees. Bills banning NDAs in sexual harassment settlements have been proposed in the state legislatures of New York, California and Pennsylvania.
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