Non-disclosure agreements, signed either as a condition of employment or as part of a settlement, have recently come under scrutiny because they may silence victims of discrimination or sexual harassment and conceal misconduct. Powerful men accused of sexual harassment, including Harvey Weinstein, Les Moonves, Roger Ailes, and many others have used NDAs, and such agreements have recently been a topic of debate in the Democratic primaries.
Despite the fact that NDAs may sometimes protect harassers, they can also be valuable to victims under certain circumstances. As Ms. Katz explained, NDAs allow her clients to settle with their employers and move on with their lives, instead of having details of a horrific and personal event made public. They also facilitate settlement negotiations so victims do not have to go through lengthy and often painful lawsuits.
Therefore, as Ms. Katz and her law partner, Lisa Banks, have argued, the answer should not be a blanket ban on the use of non-disclosure agreements, but rather a nuanced approach that prohibits certain coercive aspects, while still allowing victims to choose privacy.
Watch the full segment below.