The Culture of Silence: The Impact of #metoo on Nondisclosure Agreements

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By: Whitney Lott

Associate Editor, American Journal of Trial Advocacy


While the #MeToo movement has forced national reflection, a new enemy of safety in the workplace has come to light: the nondisclosure agreement.  Nondisclosure agreements, once an anomaly of the tech industry, are now taking center stage in the national consciousness with its connection to the #Metoo movement. Employers of predators must now take stock if they are partially to blame for the culture of silence surrounding abuse in their companies due to the proliferation of these nondisclosure agreements. The use of nondisclosure provisions or confidentiality provisions in settlement agreements has forced victims of sexual misconduct, including the victims of Harvey Weinstein, Bill O’Reilly and even Larry Nassar, to remain silent on matters concerning the sexual abuse or harassment perpetrated on them.[1] Continue reading “The Culture of Silence: The Impact of #metoo on Nondisclosure Agreements”