Sexual harassment victims ‘silenced’ by gagging orders
GAGGING orders that prevent victims of workplace sexual harassment going to the police must be outlawed, a parliamentary inquiry has ruled, amid “utterly shameful” levels of assault.
A six-month investigation into harassment, which was triggered by the Harvey Weinstein scandal, discovered that British employers were using nondisclosure agreements (NDAS) to bully victims into silence. MPS concluded that sexual harassment remained “an everyday occurrence” and part of the culture in many workplaces, and accused employers, regulators and ministers of failing to stamp it out.
In a report published today, the Commons women and equalities committee recommends new laws that would make it an offence for employers to use NDAS to prevent victims of sexual harassment going to the police.
The report says that MPS have heard
“deplorable examples of how NDAS have been used to threaten, bully and silence victims of sexual harassment”.
“Shockingly, this unethical treatment has, in some cases, been facilitated by members of the legal profession,” it says.
Hostesses recruited to work at the Presidents Club Dinner, where sexual harassment by paying guests was uncovered by the Financial Times, were required to sign a five-page NDA without being given time to read it or being allowed to keep a copy. The report states this was “to intimidate those who signed it” so that none of them would make an official complaint.
The committee also took evidence from Zelda Perkins, a former personal assistant to Weinstein, who signed an NDA as part of a settlement with the Hollywood film producer that prevented her discussing his sexual harassment with anyone, including doctors, unless they also signed NDAS.
The committee of MPS recommended that the “misuse” of NDAS should become a criminal offence, and that whistle-blowers should be given greater protection in law. The report also suggests a new legal duty for employers to prevent harassment, supported by a statutory code of practice.
Westminster was rocked by its own sexual harassment scandal after employees of some MPS came forward to say they, too, had been exploited.
Maria Miller, chair of the committee, said that NDAS could be beneficial when victims wanted to ensure their privacy was protected. But, she added: “They must not be used to prevent or dissuade victims from reporting incidents, as is clearly the case now.”
Ms Miller added: “There is considerable focus on other corporate governance issues, like protecting people’s personal data and preventing money laundering, with stringent requirements on employers and businesses to meet their responsibilities. It’s time to put the same emphasis on tackling sexual harassment.”