Wired Quotes Mark Konkel on the Secrecy Around Sexual Harassment Cases

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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