Nondisclosure agreements and mandatory arbitration have become rampant in the workplace, according to a new survey of job seekers. A second survey found that employees who sue in court get higher payouts than those required to pursue claims through arbitration.

The research papers by Mark Gough, an assistant professor of labor and employment relations at Penn State University, expose how widely companies have adopted mechanisms to silence employees and dictate the terms by which allegations of workplace misconduct are resolved.

In six days, Donald Trump, an adjudicated sexual assailant, will take the oath of office as the 47th president of the United States. If Trump has his way, his Cabinet will be stacked with men and women with troubling personal histories. Pete Hegseth, Trump’s nominee for secretary of Defense whose confirmation hearing is Tuesday, has admitted to using a nondisclosure agreement to cover up a rape allegation.

Corporate America has a transparency problem. According to the Deloitte Insights 2024 Global Human Capital Trends, 86% of leaders surveyed “say that the more transparent the organization is, the greater the workforce trust.” Yet the vast majority of those same leaders are doing little to foster transparency or trust within their organizations by using silencing mechanisms like forced arbitration and nondisclosure agreements (NDAs) to prevent their workers from revealing workplace toxicity from the moment they sign onboarding paperwork. 

Lift Our Voices is thrilled to be part of Melinda French Gates’ transformative $150M donation supporting women in the workplace. Her latest initiative through Pivotal Ventures will fund nonprofits driving gender equity and breaking barriers in professional spaces.

As one of the recipients, the funding will help amplify LOV's mission to create safer, more inclusive workplaces for everyone.

Former Fox News host Gretchen Carlson's advocacy group is launching a new corporate scorecard to shine a light on the secretive practices companies use to silence workers about sexual harassment and discrimination.

Why it matters: The idea behind the Lift Our Voices scoring system is to track employers' use of nondisclosure agreements (NDAs) and forced arbitration (secret courts outside the public system) — similar to how other surveys examine benefits like health insurance or paid leave.

Gretchen Carlson is seated at a table in a blue suit, with a camera pointed at her. She looks serious, but comfortable: After a career in broadcast media, she’s used to being filmed.

Organizations regularly use non-disclosure agreements (NDAs) to conceal toxic workplace issues such as sexual harassment and discrimination. Despite their widespread use, the psychological and career impacts on workers bound by these contracts remained largely unexplored. Now, a new study reveals the hidden toll on employees compelled to sign NDAs.

One legal document has quietly reigned supreme in American board rooms, film sets, and sometimes even homes: non-disclosure agreements. Journalist Gretchen Carlson knows all too well the lengths workplace NDAs can go to silence employees, especially employees who speak out against mistreatment.

LOV co-founder Gretchen Carlson testified before the U.S. Senate Judiciary Committee on April 9th in support of the Protecting Older Americans Act.

CBS Mornings: New law changes right to report sexual harassment and assault at work:

The U.S. House voted today to pass the Speak Out Act to restore the voices of victims of sexual harassment and assault. The law will allow employees to talk about their experiences with harassment or assault at work by invalidating nondisclosure agreements (NDAs) that force workers to remain silent in these cases.

Washington Post: Biden Signs Bill Ending Forced Arbitration

The U.S. Senate voted on Thursday to send the Ending Forced Arbitration of Sexual Harassment Act to President Joe Biden’s desk.

Former Fox News anchor Gretchen Carlson had pressed Congress to pass such a bill for the past five years

It may feel like Gretchen Carlson's story has been told many times – just not by her.