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Lawmakers Urge a Ban on NDA Agreements in Sexual Harassment Lawsuits

Legislation has been proposed to outlaw non-disclosure agreements (NDA) in sexual harassment lawsuits, which Harvey Weinstein used for decades to cover up his crimes.
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C.L. Mike Schmidt Published by C.L. Mike Schmidt

An legislator from California is introducing a bill aimed at prohibiting secret settlement agreements in sexual harassment lawsuits, in an effort to stop a longstanding practice that permitted Harvey Weinstein and similar individuals to escape consequences for their supposed offenses.

Free Confidential Lawsuit Evaluation: If you or a loved one was the victim of sexual harassment, you should contact our law firm immediately. You may be entitled to compensation by filing a suit and our lawyers can help.

What’s the Problem?

October 26, 2017 – California Senator Connie Leyva (D-Chino) said she will introduce legislation early next year that outlaws the type of settlements Weinstein paid women which required them to sign non-disclosure (NDA) agreements, according to Variety [1].

“We really need to remove the curtain of secrecy about what’s happening,” Leyva said. “Ultimately that’s what hurts victims and enables perpetrators to continue to do this and remain hidden.”

The legislation was proposed in response to articles published in The New Yorker [2] and the New York Times describing how Weinstein had reached settlement agreements with at least 8 women accusing him of sexual assault or harassment.

In another recent high-profile case, ousted Fox News anchor Bill O’Reilly settled allegations of sexual misconduct [3] with 5 women for $13 million. In both cases, the agreements required accusers to sign NDA agreements which forbid the women from speaking about the details of their case.

In a press conference on Wednesday, famed women’s rights lawyer Gloria Allred released the name of the latest woman — actress Natassia Malthe — to come forward with allegations of sexual assault against Weinstein. Malthe claims Weinstein raped her in a London hotel room in 2008, according to the Chicago Tribune [4].

Allred, who is representing several plaintiffs, claims that at least 50 women have come forward with charges against Weinstein, and that he should therefore create a “substantial” settlement fund to compensate his victims.

“It’s time for The Weinstein Co. to put their money where their mouths are,” Allred said. “They made many, many, many millions of dollars while Harvey Weinstein was behaving in the most egregious and reprehensible acts imaginable.”

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FAQs

Who can file a lawsuit related to sexual harassment involving NDAs?

Victims of sexual harassment who were coerced into signing NDAs to keep the harassment confidential can file a lawsuit. This includes individuals who suffered emotional distress, career setbacks, or other damages as a result of the harassment and the NDAs.

What must be proven to win a sexual harassment lawsuit involving NDAs?

To win, plaintiffs must prove that the sexual harassment occurred, that the NDAs were used to silence them, and that this caused them harm. They must also demonstrate that the use of NDAs in this context was inappropriate or unlawful.

What compensation might I receive from a sexual harassment lawsuit involving NDAs?

Compensation can include damages for emotional distress, lost wages, career setbacks, medical expenses, and possibly punitive damages depending on the severity of the harassment and the misuse of the NDAs.

See all sexual misconduct lawsuits we’ve covered.

Do I Have a Sexual Harassment Lawsuit?

The Sexual Abuse Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in sexual harassment lawsuits. We are handling individual litigation nationwide and currently accepting new cases in all 50 states.

Free Case Evaluation: Again, if you were sexually harassed or abused, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.

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