States reconsider confidential deals in workplace harassment

Confidentiality agreements have come under fire during the #MeToo movement as one way abusive men have been able to hold on to their jobs, and keep harassing more women.

State lawmakers are listening. They introduced bills in at least 16 states this year to restrict the use by private employers of non-disclosure agreements in sexual harassment cases, according to the National Conference of State Legislatures. They became law in six states: Arizona, Maryland, New York, Tennessee, Vermont and Washington.

California Gov. Jerry Brown is considering a bill that passed the Legislature this past week and was championed by actress Jane Fonda and former Fox News anchor Gretchen Carlson. Among other things, it would prohibit employers from requiring nondisclosure agreements related to sexual misconduct as a condition of getting or keeping a job.

Legal experts say it’s not clear yet what effect such legislation will have on sexual harassment in the workplace. Some warned that the new laws could have unintended consequences.

Zelda Perkins, a former assistant to Hollywood producer Harvey Weinstein, has said confidentiality agreements like the one she signed don’t adequately protect victims. She left the company in 1988 after one of her colleagues

told her Weinstein tried to rape her.

Former Fox News anchor Juliet Huddy, who agreed to keep the details confidential when she settled harassment claims against former host Bill O’Reilly, told NBC’s Megyn Kelly last year that signing such an agreement is “not necessarily the best move.” If more women knew others were being harassed, they might be better prepared to fight it, she said.