Schroeder Comments on Future of Nondisclosure Agreements in Wake of Weinstein Scandal

25 October 2017 Law360 News
Partner Donald Schroeder is quoted in a Law360 article, “Weinstein Scandal Not Enough To Kill Confidentiality Pacts,” about the potential impact of the Harvey Weinstein sexual misconduct scandal on the use of nondisclosure provisions in employment contracts.

Schroeder noted that nondisclosure provisions in employment agreements don’t restrict an employee’s ability to report anything he or she saw or experienced in the workplace and don’t take away an employer’s duty to investigate such claims. He also said that employees are free to breach such agreements, with the employer’s only real recourse being to pursue liquidated damages.

“Whatever an employment agreement says, it won’t impact an individual’s ability to report sexual harassment either through human resources or through [a company’s] code of conduct,” he said.

While he acknowledged that public pressure could subject such agreements to closer scrutiny, Schroeder said attention is more likely to be focused on “making sure companies have an open-door policy” for reporting harassment and having various avenues for employees to report misconduct.

Related Services


California Statute Offers Dramatic Change to Independent Contractor, Franchise-Franchisee Relationships
20 September 2019
Legal News: Distribution & Franchise
AI Ouch! AI Job Interview Law Starting in 2020!
20 September 2019
Internet, IT & e-Discovery Blog
RCE PTA Carve-Out Resumes After Interference
18 September 2019
The Ninth Circuit Expected to Rule that Doctors Can Be Wrong in the Winter v. Gardens False Claims Act Case
18 September 2019
Legal News: Government Enforcement Defense & Investigations
Lacktman, Ferrante Cited in mHealth Intelligence About Ryan Haight Act
19 September 2019
mHealth Intelligence
Vernaglia Comments on AHA v Azar Decision
18 September 2019
MedPage Today
Tinnen Discusses How Viewpoint Diversity Helps Businesses Thrive
18 September 2019
Lach Comments on Launch of New Group
16 September 2019
BizTimes Milwaukee
MedTech Impact Expo & Conference
13-15 December 2019
Las Vegas, NV
Review of 2020 Medicare Changes for Telehealth
11 December 2019
Member Call
BRG Healthcare Leadership Conference
06 December 2019
Washington, D.C.
CTeL Telehealth Fall Summit 2019
04-06 December 2019
Washington, D.C.