Institutional

NDAs as Silencing Tools

What it is

Using non-disclosure agreements not to protect legitimate trade secrets but to prevent victims, whistleblowers, and critics from speaking about institutional wrongdoing.

How it works

NDAs are legitimate tools for protecting proprietary information. But they are increasingly used in settlement agreements to silence victims of harassment, discrimination, or fraud. The financial settlement comes with a permanent gag order, preventing the public from learning about patterns of misconduct and preventing future victims from being warned.

Real-world examples

  • •Harvey Weinstein using NDAs in settlement agreements that prevented victims from warning future targets.
  • •Companies requiring departing employees to sign broad NDAs that prevent them from discussing workplace conditions.
  • •Universities settling harassment complaints with NDAs that prevent disclosure to other students.

Ethical guidelines

  • ●NDAs should protect legitimate business secrets, not institutional misconduct.
  • ●Using NDAs to silence victims creates a system that protects predators and endangers future victims.
  • ●Many jurisdictions are now limiting the use of NDAs in harassment and discrimination contexts.

How to defend against it

  • ►Before signing an NDA, have an independent attorney review it — understand exactly what you're giving up.
  • ►Know your jurisdiction's limits on NDAs — many now carve out exceptions for reporting criminal behavior.
  • ►Support legislation that restricts NDAs in the context of harassment, discrimination, and public safety.

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