Forbes: Five Years After #MeToo, NDAs Are Still Silencing Victims

On Friday, Donald Trump’s presidential campaign was ordered to pay more than $300,000 to an employee who the campaign’s lawyers said violated her NDA when she accused Trump of forcibly kissing her.

When NDAs were exposed as a tool for sexual predators to hide their behavior during the #MeToo movement, there were urgent calls to eliminate their use in cases of sexual misconduct. Now, almost five years later, these confidentiality agreements are still silencing victims in most states.

Ex-Fox News host Gretchen Carlson and contributor Julie Roginsky both filed lawsuits alleging they were sexually harassed by Fox News CEO Roger Ailes. As part of their settlements, each had to sign an NDA prohibiting them from speaking about their experiences. Now, their organization, Lift Our Voices, is working with state legislatures to restrict NDA use. Carlson’s efforts were instrumental in the recent passing of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which prevents survivors from being silenced by forced arbitration.