How non-disclosure agreements harm targets of workplace abuse — and what we can do about it

So here's the reality: most targets of workplace abuse, including illegal discrimination, don't file a claim. But when they do, around half settle with their employers. Why? Both sides want to avoid hefty legal fees, but employers have an added bonus: the merits of the case never get heard in court. To make sure the merits of the case never get heard ANYWHERE, they throw in a non-disclosure agreement (NDA), giving targets penalties for sharing their stories. By using NDAs to protect their reputations, employers don't prevent serial abusers from continuing their damage by moving onto the next target. Think Harvey Weinstein. But it's also happening in our state governments, meaning your tax dollars support serial abuse — and get in the way of democracy. A handful of states — Arizona, California, Illinois, Louisiana, Maryland, Nevada, New Jersey, New York, Oregon, Tennessee, Vermont, and Washington — passed bans on non-disclosure agreements to varying degrees. Known for being one of the most progressive states in the nation, Massachusetts isn't one of them. I spoke with Massachusetts State Senator Diana DiZoglio, who proposed legislation in Massachusetts to ban NDAs, about why it's crucial we ban them to protect targets of abuse of power and the myth around target confidentiality. (Connecticut, Florida, Hawaii, Iowa, Kansas, Rhode Island, Texas, Virginia, and West Virginia have also proposed bans. Find out the bill numbers in your states and contact your state legislators to urge them to move the bill forward.) If you feel like you need more help, I have a free guide to recovery steps at dignitytogether.org/targets and a signup for daily boosts through your inbox at the same place. Facebook: @HierarchyPodcast Twitter: @ScrewHierarchy