ABSTRACT
The #MeToo movement exposed how workplace harassment plagues employment in the United States. Several states responded by passing legislation aimed at curbing harassment and employment discrimination in the workplace. One of the most common legislative efforts was to ban confidentiality provisions in certain settlement agreements. These bans, in part, attempted to stop ‘secret settlements’ by shining light on workplace discrimination and exposing serial harassers as a means to motivate firms to actively deter workplace discrimination. But do bans on confidentiality agreements deter the bad act? For these laws to have a deterrent effect, claims must be revealed in a public forum …
Blair Druhan Bullock and Joni Hersch, The Impact of Banning Confidential Settlements on Discrimination Dispute Resolution, Vanderbilt Law Review, volume 77, number 1, 26 January 2024.
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