Schroeder Discusses Limits on Use of Nondisclosure Agreements in Sexual Harassment Settlements

Partner Don Schroeder is quoted in a Wired magazine article, “How to Pierce the Secrecy around Sexual Harassment Cases,” about proposed restrictions on the use of nondisclosure agreements in sexual harassment settlements.

Schroeder said employers would likely resist a requirement that they reveal prior complaints against an accused harasser when discussing a new settlement, saying parties already have the ability to ask about prior complaints if they file a lawsuit. “I’m not sure that an employer would even be inclined to settle a claim if they had to share upfront and before litigation all of that information,” he said.