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Confidential Documents Photo: miflippo/iStockphoto.com

In the wake of the #MeToo movement, states across the country have started adopting progressive measures designed to protect alleged victims of sexual harassment from being forced into silence through confidentiality and non-disclosure agreements, while allowing them to share their stories. These measures also include efforts to protect victims of discrimination and retaliation in the workplace. While noble in intentions, such efforts are causing an equal and opposite reaction amongst employers who are alleged to have engaged in such unlawful acts against their employees or for fostering an environment where such conduct is condoned—even when such allegations are never substantiated by the claimant.

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