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Friday, April 9, 2021

Fox News Non Disclosure Agreement

Three years ago, 21st Century Fox`s public apology and the maintenance of the right to talk about harassment generally looked like big profits. And they did. But if I had known that my complaint would help trigger such a profound cultural change and that I would be on screen, I would also have fought against the signing of the Confidentiality Agreement (NDA), which would have prevented me from discussing my experience during my work on Fox News. At the time, I just wanted to close a nasty chapter in my life; I thought it would only lead to a week`s attention to the press – not producing a mini-series and a movie, and that it would be part of a global outcry. “Beyond time, the abuse of confidentiality agreements in the community has ended,” DiZoglio said. “It doesn`t usually happen when you come to some kind of agreement,” she said. “Some would say it`s an admission of guilt.” Carlson and Roginsky are two of the founders of Lift Our Voices, an organization that advocates laws prohibiting the use of confidentiality agreements in sexual harassment colonies. “The economic incentive to sweep bad news under the carpet is a really strong incentive,” says David Hoffman, a professor at the University of Pennsylvania School of Law, who calls such NDAs “hush contracts.” Carlson sued the network in 2016 when she accused then-CEO Roger Ailes of sexual harassment and retaliation. She eventually decided the deal for $20 million and a public apology – but the payment came with a confidentiality agreement, or NOA. This meant that she could not talk about what was happening to her, although her story forms the basis of the new feature film “Bombshell “.

After signing a confidentiality agreement myself, NBC`s decision was very well received. In March 2018, I resolved a complaint against Fox News seeking discrimination on the basis of sex, disability and retaliation. Since then, it has been frustrating not to be able to react when former colleagues have made false statements about me. Many such transaction agreements also contain “no rehire” provisions that prohibit former employees who have done nothing wrong from applying for even a permanent re-employment application to this network or to one of their related companies. She noted that at first she felt she had won by keeping herself allowed to talk about harassment in general. “But if I had known that my complaint would help trigger such a profound cultural change and that I would be on screen, I would also have fought against the signing of the Confidentiality Agreement (NDA) that would have prevented me from discussing my experience during my work on Fox News.”¬†Winning my complaint with a transaction and confidentiality agreement meant that I was essentially forced to silence. NDAs were originally designed to exchange business proprietary information (think Coca-Cola formula) not to protect predatory behaviour. Although NDAs generally prohibit employers from denigrating victims, whisper campaigns often follow women for years. As I wrote in my book “Be Fierce,” the vast majority of survivors never work in their elected trades again.

The U.S. industry has dethroned many talented women through harassment, while allowing predators to continue to climb the professional ladder (where they have the potential to sacrifice even more women).

posted by Joe Schwartz - J. Schwartz,llc at 2:23 pm  

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