Debra Katz Discusses NDA used in Discrimination Case against Political Advocacy Group

Katz, Marshall & Banks partner Debra Katz was quoted in an Associated Press article, “Sanders-linked group entered into racial discrimination NDA.”

In 2019, a political consultant on Bernie Sanders’s 2016 presidential campaign filed a lawsuit with the candidate’s political advocacy group, Our Revolution, alleging racial discrimination and retaliation. The consultant, Tezlyn Figaro, claimed that she was fired from Our Revolution after complaining about the organization’s treatment of her and other African-Americans. That lawsuit was settled out of court for an undisclosed amount of money, and Figaro signed a non-disclosure agreement that prevents her from speaking about her experience working on the campaign and for Our Revolution.

NDAs have become scrutinized for their use in muzzling victims of discrimination, and they have recently been a topic of debate at the Democratic primaries.

“Anyone running for the presidency should be accountable to the electorate, and we should have access to the full set of information,” said Ms. Katz. “If the allegations are about his campaign and running a racist operation, he should direct this organization to let her out of those non-disparagement obligations and talk about it.”

While the Sanders campaign cannot legally have insight into the activities of Our Revolution, it has expressed the opposition to using NDAs to silence victims of discrimination and harassment.

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