Silencing Workers: The End of Secret Deals?

Secret Deals to Silence Workers to Become Void

A significant shift is on the horizon regarding how companies manage complaints. Soon, employers won't be able to use secret deals to prevent employees from discussing sexual misconduct or discrimination at work. This change is part of a new law expected to pass later this year.

The Role of Non-Disclosure Agreements (NDAs)

These secret deals, known as non-disclosure agreements (NDAs), have historically been used to silence victims. However, any such agreements attempting to muzzle workers will now be rendered void, meaning they won't hold up in court.

The Purpose and Misuse of NDAs

Initially, NDAs were designed to protect confidential information. Over time, their use has expanded. For instance, Zelda Perkins, a former assistant to Harvey Weinstein, spoke out against him after breaking her NDA. She initiated a campaign to reform the law.

A Step Forward with Caution

Perkins views this change as a significant advancement. However, she emphasizes the need to scrutinize the details to ensure its effectiveness. She notes that many victims are unaware that their NDAs might not be enforceable, which deters them from speaking out.

The Power Imbalance

The primary issue with NDAs is that they shield the powerful rather than the victims. Perkins explains that these agreements can include any language to intimidate victims into silence. However, this new legislation might herald a positive shift.