Non-Disclosure Agreements Help Companies Hurt Victims. Changes coming.

 When companies settle harassment, discrimination, or retaliation cases, it's pretty standard that all parties sign non-disclosure agreements. 

All the Damn Secrets:

Sarah Hemings was an enslaved woman of mixed race owned by President Thomas Jefferson. Multiple lines of evidence indicate that Jefferson had a long-term sexual relationship with Hemings, and historians now broadly agree that he was the father of her six children.

She was a Victim and is about to be a victim again.

It’s not hard to see why: to take just one example, the gold-medal-winning gymnast McKayla Maroney could potentially have to pay USA Gymnastics $100,000 if she testifies at the sexual abuse sentencing hearing of her former coach because, in December 2016, she agreed to a settlement that included a non-disclosure agreement.

Girl costs father $80,000 with 'SUCK IT' Facebook post

Mine is going to hold folks accountable you will say, "We Fucked Up".


But, New Jersey has decided enough is enough, and from now on, if the victim wants to keep everything quiet, they can, but if they want to speak up, there's nothing to stop them. Incidentally, once the plaintiff speaks up the defendant (the company) can also speak up.

Employment attorney, Eric Meyer, explains the changes as follows:

Put simply, employees will always be able to discuss claims arising under New Jersey's Law Against Discrimination, including how much your business paid them to settle those claims.
If the employee publicly reveals sufficient details of the claim so that the employer is reasonably identifiable, then the non-disclosure provision is unenforceable against the employer.
So, if both sides want to remain tight-lipped about a settlement, they can.
(The new law does not apply either to non-competition agreements or agreements concerning non-disclosure of proprietary information or trade secrets. It also exempts collective bargaining agreements.)