How Breaking a Nondisclosure Agreement Works

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Author's Note: How Breaking a Nondisclosure Agreement Works

I went into this article with the opinion that NDAs in sexual harassment settlements were clearly a bad thing. First, they silenced the victim for calling out predatory behavior. And second, they prevented others from learning about the behavior and discouraged them from coming forward with their own #metoo stories. But I was surprised to learn about the potential benefits of NDA for victims. For starters, it keeps their names out of the news if they'd like to stay private. And it always gives defendants a strong reason to come to the negotiation table. Otherwise, they could insist on going to trial, which would be terribly expensive for the victim and could result in a not guilty verdict, leaving her with nothing. So I wonder if banning NDAs in sexual harassment cases is necessarily the best option. Obviously it's a complex topic that's finally getting the attention it deserves.

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