Understanding the Impact of #MeToo and Changing Labor Laws on Non-Disclosure Agreements and Non-Disparagement Clauses.
Sexual harassment in the workplace remains a prevalent issue, occurring across various types and sizes of organizations. With the rise of remote work and the return to office environments, it has become even more complex, manifesting in both physical and virtual workspaces. Despite a decrease in other forms of workplace violence, sexual harassment reports have been on the rise.
This course will explore the factors contributing to the increase in sexual harassment reporting, including the #MeToo movement, cultural shifts, the changing landscape of labor disruption, and the Speak Out Act. It will also examine the misuse of non-disclosure agreements (NDAs) and non-disparagement agreements, which some employers use to silence victims of sexual assault and abuse.
The course will discuss how the Speak Out Act and stricter state laws aim to end these practices. It will cover how NDAs were not intended to silence victims and how such misuse is increasingly being litigated. Strategies will be provided for protecting employees from coercive non-disparagement clauses and NDAs. Employees will learn how to ask for clarification or negotiate the language, while high-level employees will explore how to leverage their negotiation power effectively.
The course will emphasize that individuals have the right to speak up and that courts are increasingly upholding those rights. Societal values promote free speech, and employers should not use these clauses to suppress voices or limit future employment opportunities. Finally, the course will highlight the need for explicit definitions of sexual harassment in NDAs and non-disparagement agreements, as the absence of such clarity in employee handbooks and onboarding documents can lead to problematic outcomes.
Some of the topics discussed include:
Employment Law Attorney
Mrs. Crivello has been practicing law in California since 2005 and enjoys life in San Diego with her husband and three children. Her focus includes all aspects of employment and labor law. Additionally, Mrs. Crivello negotiates, drafts, and arbitrates vendor contracts for businesses. In 2019, she earned her real estate license and has been involved with numerous real estate matters, drafting loan documents, and negotiating settlements. Her focus has always been, and continues to be, preventive lawyering to achieve peace of mind for business owners.
