ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Monday, January 29, 2018

Society continues to rely on women breaking NDAs to report abuse

I’ve written many, many times now on the ways in which NDAs have been used to protect and enable systemic abuse of less empowered people, and they’re in the news again. USA Gymnastics has decided not to fine McKayla Maroney for violating her NDA and speaking out about the abuse she suffered at the hands of Larry Nassar, the Team USA doctor who recently pled guilty to sexual assault and has been accused by over 140 women. The women’s stories reveal how enforced silence can be used to obscure the full extent of harmful, abusive, and criminal conduct, making it seem as if each account was an isolated incident instead of a pattern of behavior.

A recent report from the Financial Times also makes this point. An expose on a men-only charity event in London, the article revealed that the hostesses hired for the event were asked to sign NDAs (which they were not allowed to read or take with them). Afterwards, during the event, they were subjected to multiple instances of groping, including hands up skirts, and one report of having a penis exposed to her. But we only know about this treatment because the NDAs meant to protect this behavior were broken.

http://lawprofessors.typepad.com/contractsprof_blog/2018/01/society-continues-to-rely-on-women-breaking-ndas-to-report-abuse.html

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Comments

You might want to post the Financial Times story on the Contracts listserv and ask whether those NDAs are enforceable (they were not given time to read the NDAs before signing them).

Posted by: Richard Neumann | Jan 31, 2018 10:29:15 AM

Excellent point!

Posted by: Stacey | Jan 31, 2018 10:51:59 AM

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