“When the Legislature overwhelmingly approved doing away with nondisclosure deals, I don’t think anybody envisioned that nondisparagement clauses would rise up to circumvent the ban and add insult to injury for those who have been harmed,” said O’Scanlon. “Legal maneuvers that shield culprits and obscure wrong doings only perpetuate the long history of workplace malfeasance. It is obvious the Legislature must act now to close this loophole and safeguard victims.”

“Nondisclosure agreements (NDA) have no place for those that may been sexually harassed or faced discrimination or retaliation on the job. While legislation passed in 2019 offers protections against so-called classic NDA’s, the use of ‘nondisparagement’ agreements are an equally inappropriate way to squash a person’s voice and take away basic rights. It must be prohibited, and this legislation will do so,” Zwicker said.

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