Safeguarding Silence: The Weaponization of Nondisclosure Agreements and the Need for More Regulation

Abstract

With the surge of the #MeToo movement, the weaponization of Nondisclosure agreements in cases of sexual assault and harassment has been brought to the forefront. This comment discusses the use and laws of nondisclosure agreements (NDAs) in cases of sexual assault and sexual harassment, highlighting their role in silencing victims and shielding perpetrators from accountability and underscores the broader implications of NDAs in perpetuating a culture of silence. Emphasizing the prevalence of NDAs, this comment scrutinizes their misuse and explores the historical context, highlighting the intertwining of #MeToo movement and NDAs.

This comment compares State responses, exemplified by Washington, California, New Jersey, and Oregon, and how they showcase varied approaches to regulate NDAs. Federal initiatives, like the Federal Tax Cuts and Jobs Act and the Speak Out Act, are examined, revealing limitations in curbing NDA’s misuse. The comment suggests that a more comprehensive regulatory framework at both state and federal levels regarding the use and enforcement of Nondisclosure agreements may be required to regulate this area of law.

Recommended Citation

Johanna Shinners, Safeguarding Silence: The Weaponization of Nondisclosure Agreements and the Need for More Regulation, 25 Marq. Ben & Soc. Welfare L. Rev. 229 (2024).