, Columnist
How to Stop the Next Harvey Weinstein
Regulators have the power to curb abuse of nondisclosure agreements. It's time they use it.
Repeat offender.
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In the 26 years since the Anita Hill hearings focused national attention on the issue of sexual harassment in the workplace, significant progress has been made. Most employers take seriously allegations of sexual and ethnic harassment and show little tolerance when presented with credible cases of abuse.
However, in situations where the accused are “rainmakers” -- individuals on whom the success of the business depends -- too many companies sweep allegations of predatory behavior under the rug. That's in part because of the use of nondisparagement or nondisclosure clauses in settlement agreements (called NDAs), which pay out substantial sums to accusers in exchange for their silence.