Beyond #MeToo: Addressing Workplace Sexual Misconduct Cases and the Targeted Use of Non-disclosure Agreements

Authors

Taylor Percival, Brigham Young University
Lane Gibbons, Brigham Young UniversityFollow

Keywords

Sexual misconduct, sexual harassment, sexual assault, non-disclosure agreements, non-disparagement agreements, consent, Civil Rights Act of 1964, BE HEARD Act.

Abstract

Recent allegations against prominent figures have brought the targeted use of non-disclosure agreements (NDAs) in sexual misconduct cases to public knowledge. NDAs have historically been used in a variety of ways in such cases, but situations of coercion and uneven power dynamics often leave victims with no real choice, and they end up losing their right to speak publicly about their experiences. This paper discusses the history of NDAs in sexual misconduct cases, explores when and why their enforcement is unlawful, and proposes the adoption of federal legislation like the BE HEARD Act to limit the inappropriate use of NDAs.

BYU ScholarsArchive Citation

Percival, Taylor and Gibbons, Lane (2021) "Beyond #MeToo: Addressing Workplace Sexual Misconduct Cases and the Targeted Use of Non-disclosure Agreements," Brigham Young University Prelaw Review: Vol. 35, Article 9.
Available at: https://scholarsarchive.byu.edu/byuplr/vol35/iss1/9