Non-Disclosure Agreements and Sexual Harassment Claims

 Posted on February 28, 2020 in Main

 Sexual harassment in the workplace continues to be a major problem throughout the United States. Hostile work environment sexual harassment and quid pro quo sexual harassment are in violation of the Civil Rights Act of 1964 as well as several other state, local, and federal laws. However, many victims of sexual harassment are afraid to report instances of sexual harassment because they have signed a non-disclosure agreement. If you or someone you know has suffered workplace sexual harassment, an experienced sexual harassment lawyer can help you understand your rights and ensure these rights are protected.

How Are Non-Disclosure Agreements Used in Sexual Harassment Settlements?

A non-disclosure agreement (NDA) is a legally binding contract that limits the information that one or more parties is allowed to share. NDAs are often used in business transactions such as business purchases so that a party cannot misuse confidential information it learns about a company. However, NDAs can also influence sexual harassment cases, as they are often used in sexual harassment settlements.

When a victim of sexual harassment suffers financial such as lost income, the victim’s employer may be forced to compensate the victim for this financial harm. Sexual harassment settlements often include non-disclosure agreements that prohibit the victim from disclosing the amount of money he or she gained in the settlement or other details about the case. An NDA can also limit what information the employer may share about a sexual harassment case.

Illinois Workplace Transparency Act

Many people have concerns that NDAs will discourage victims of sexual harassment from reporting the harassment or that suppressing information about sexual harassment cases through NDAs may allow sexual harassment to propagate. As a response to these concerns, Illinois passed the Workplace Transparency Act. The Act places restrictions on how non-disclosure and non-disparagement clauses may be used in settlement agreements and separation agreements. It prohibits non-disclosure and non-disparagement clauses that restrict an applicant or employee from reporting sexual harassment or discrimination.

Contact a DuPage County Sexual Harassment Lawyer

Sexual harassment can include sexual or gender-based remarks, jokes, or behavior that significantly affects a person’s ability to do his or her job. It can also refer to a situation in which a higher-ranking employee such as a supervisor attempts to trade work benefits for sexual contact with a lower-ranking employee. If you have experienced sexual harassment, contact Mirabella, Kincaid, Frederick & Mirabella, LLC. Schedule a confidential consultation with an experienced Wheaton employment discrimination attorney to discuss your concerns by calling our office at 630-665-7300 today.

Sources:

https://businesslawtoday.org/2018/10/metoo-confidentiality-agreements-sexual-harassment-claims/

http://ilga.gov/legislation/fulltext.asp?DocNum=1829&DocTypeID=SB&GAID=11&SessionID=84