Sen. Weinberg Response to Law Journal Editorial Board on NDA Bill

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My bill (S121) making nondisclosure agreements (NDAs) unenforceable in cases of harassment and discrimination allows victims of abuse to speak about their experiences if they choose.

Corporate employers and their lawyers oppose this bill because they want to continue to buy silence as part of settlement agreements. NDAs have been effective in allowing harassers to continue their abuse while making their victims stay silent. The secrecy imposed by NDA’s permitted the years of alleged abuse by Harvey Weinstein, Roger Ailes, Bill O’Reilly and countless other serial harassers. And they kept victims from knowing they were not alone, thereby suppressing evidence and keeping settlements low.

In opposing this bill, the employer community falsely claims that the bill forces victims to reveal their abuse. It doesn’t. The bill simply makes any NDA in a settlement agreement unenforceable against the victim. Some victims may choose to speak up; others may not. If a victim chooses to go public, then the alleged harasser may publicly reply. So the bill is fair to all parties. New York and California have already passed bills banning NDAs.

The sky-is-falling editorial in the New Jersey Law Journal ignores the fact that NDAs are not allowed in the public sector now, yet settlements are reached on a regular basis with the state, counties, municipalities, and other government agencies. The sky will not fall.

While they have consistently opposed the bill pretending to be concerned about the victims of harassment, the employer community has not brought forth one victim who opposes giving others the choice to speak if they want. In contrast, women who were forced to sign NDAs have spoken in favor of the bill. Julie Ruvolo spoke about being forced to sign an NDA in the New York Times: “I was not prepared for what it would feel like to feel silenced, especially once I saw structurally how that’s actually the problem. I can’t talk about what happened, I can’t tell you if it happened more than once, I can’t tell you who else was there when it happened or if I was alone. I can’t tell you how it made me feel, I can’t tell you about the power dynamic between myself and the person or persons the incident happened with. I can’t tell you who I reported it to at the company, nor what their response was. I can’t even tell you if or how their response changed over time. I can’t tell you who I asked for advice, or what they told me. I can’t tell you what conditions I signed the agreement under, and I can’t tell you what was said to me before or after I signed the agreement. I would love to share with other people out there, men, women, whoever, encourage everyone to view NDAs with care. Because when you sign one, you’re signing away your constitutional right to free speech.”

We urge the governor to sign the bill passed unanimously by the New Jersey Senate and overwhelmingly by the Assembly.

Sen. Loretta Weinberg is the New Jersey Senate majority leader and represents the 37th District.