When a sexual harassment case settles, one of the first things an employer will push for is a non-disclosure agreement. The goal is simple: keep the details quiet. The employer avoids public fallout, and the employee receives compensation in exchange for silence. But these agreements are not always as airtight as they appear on paper. NDAs in harassment settlements typically restrict the employee from discussing:
- The facts of what happened
- The identity of the people involved
- The settlement amount
- Any internal complaints or HR investigations
Signing one does not mean the harassment never happened. It means you agreed, under contract, not to talk about it publicly.
When California Law Steps In
California has taken a firm position on NDAs in harassment cases. Under the Silenced No More Act, employers cannot require employees to sign agreements that prevent them from disclosing facts about sexual harassment, discrimination, or retaliation as a condition of settlement or continued employment. This applies regardless of who was involved or how high-profile the situation was.
There are still limited things an NDA can lawfully cover in California, including the settlement dollar amount if the employee requests confidentiality. But the underlying facts of harassment? Those are generally protected speech under state law. The Bloom Firm works with employees across California who have signed agreements they now question.
Can an NDA Be Challenged After Signing
Yes, in some situations. An NDA is a contract, and like any contract, it can be challenged on several grounds:
- Duress. If you were pressured into signing without adequate time to review, that matters.
- Lack of consideration. If you received nothing of real value in exchange, the agreement may not hold.
- Illegal provisions. Any clause that violates the Silenced No More Act is unenforceable, regardless of what the document says.
- Fraud or misrepresentation. If you were misled about what you were signing, that can void the agreement.
Signing does not automatically mean you are bound to every term forever.
What You Can Still Disclose
Even with a valid NDA in place, California law protects certain disclosures. You can generally still report harassment to a government agency like the EEOC or the California Civil Rights Department, speak privately with an attorney, and disclose information within the context of another legal proceeding. A Los Angeles high profile sexual harassment lawyer can review your specific agreement and explain exactly what it does and does not restrict before you say anything publicly.
Why Employers Push So Hard for These Agreements
Settlements with confidentiality clauses protect more than reputations. They protect patterns. When employees cannot speak about their experiences, it becomes harder for other victims to identify repeat offenders or for regulators to see the full picture.
That is part of why California lawmakers moved to restrict these agreements. The legislature recognized that broad NDAs in harassment cases were being used to bury misconduct, not just protect privacy.
Talking to an Attorney Before You Sign
If you are being asked to sign an NDA as part of a harassment settlement, read it carefully and do not sign until you have spoken with an attorney. What you agree to now shapes what you can say or do for years to come.
A Los Angeles high profile sexual harassment lawyer can review the agreement, identify any provisions that violate California law, and make sure you are not giving up more than you are legally required to. If you have already signed something and have questions about your rights, reaching out to an attorney is still worth pursuing.