Given the non-stop coverage of Trump’s erstwhile gal-pals in the past few weeks, everyone now ranks non-disclosure agreements (NDAs) as bottom fish along with drones, trolls, and fake news. When the Weinstein Company released women from non-disclosure provisions in settlement agreements they had voluntarily signed, this was widely viewed as a victory for the #MeToo movement. It was a victory for those victims who wanted to tell their stories.
But is the current rush to bar NDAs really helpful to victims of sexual harassment? Is Albany’s answer provided in legislation passed last weekend—barring NDAs in agreements that settle sexual harassment claims unless they explicitly state that confidentiality is the “complainant’s preference”—going to change anything? We are skeptical.
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