In this post, Scott Altman (USC Gould) discusses his recent JOAP 2022 Annual Essay Prize winning article about the morality of sexual harassment nondisclosure agreements.
Nondisclosure agreements (NDAs) pay sexual harassment and abuse victims not to tell their stories or name their abusers. Harvey Weinstein’s many NDAs, and the #MeToo movement, spurred some states to make such NDAs legally unenforceable.
My Selling Silence article argued in favor of these laws. Sexual wrongdoer NDAs protect abusers, endanger future victims, and undermine deterrence. The article rejected three justifications for wrongdoer NDAs, two of which I will mention briefly before explaining the third.