weinstein affair puts spotlight on nondisclosure agreements
Last Updated : GMT 06:49:16
Arab Today, arab today
Arab Today, arab today
Last Updated : GMT 06:49:16
Arab Today, arab today

from sexual assault to rape approaches 50

Weinstein affair puts spotlight on non-disclosure agreements

Arab Today, arab today

Arab Today, arab today Weinstein affair puts spotlight on non-disclosure agreements

Mimi Haleyi, a former production assistant, sexually assaulted by movie mogul Harvey Weinstein.
Los Angeles - Arab Today

How did he get away with it for so long?

It's a question many have been asking in the aftermath of the Harvey Weinstein scandal, as the number of women accusing the disgraced movie mogul of acts ranging from sexual assault to rape approaches 50.

Like former Fox News star anchor Bill O'Reilly and legendary comedian Bill Cosby before him, the answer lies in the murky world of nondisclosure agreements (NDAs) and out-of-court settlements, which, critics argue, perpetuate abuse by allowing it to remain in the shadows.

In Weinstein's case, "clearly, they played a very large role as it turns out that there have been dozens of settlements in which women who might have brought sexual harassment lawsuits or might have spoken out publicly have signed these agreements," said Ariela Gross, a law professor at the University of Southern California.

Many victims received large sums of money in exchange for their silence, according to Zelda Perkins, one of Weinstein's former assistants, who broke her agreement in an interview with the Financial Times.

"I want to publicly break my non-disclosure agreement," she told the paper. "Unless somebody does this, there won't be a debate about how egregious these agreements are and the amount of duress that victims are put under."

And last week, 30 employees of the Weinstein Company founded by the producer and his brother Bob penned an open letter acknowledging they may be breaching their confidentiality agreements but still wanted to defend themselves from claims they knew he was a "serial sexual predator."

- David and Goliath -

Confidentiality agreements have increasingly become a standardized part of many employment contracts -- and even agreements between companies and consumers.

There are some non-controversial uses, such as when a firm wants to guard its research or industrial secrets. Some victims of harassment, meanwhile, prefer not to have their cases come out in the open.

But all too often, say experts, such clauses favor abusive employers, allowing them to censor and threaten their workers with impunity.

When an agreement gets handed to a new employee along with their job offer, many feel they have no choice but to sign it, or else lose the position.

Perkins, who said she had endured several years of harassment by Weinstein but was driven to quit after a female colleague said she was assaulted by him, recounted several punishing late-night sessions with the producer's army of lawyers that finally resulted in her settlement.

"I thought the law was there to protect those who abided by it," she said, adding: "I discovered that it had nothing to do with right and wrong, and everything to do with money and power."

- Beginning of the end? -

For employment lawyer Genie Harrison, NDAs are "part of the fleecing of America, robbing citizens of their power," adding that their legality has been validated by no less an authority than the US Supreme Court.

There are, however, some limits -- they do not apply to government entities. The public has a right to know, for example, if the city of Los Angeles reaches a settlement with a citizen.

Confidentiality agreements can also be broken if a witness is called to testify in a trial.

TV legend Bill Cosby, who was accused by more than 50 women of sexual misconduct still sued one of his accusers on the basis that as a Canadian citizen she fell out of the purview of the US legal system.

The courts are entitled to override clauses deemed immoral or excessive ("unconscionable," in legal parlance). Provisions that protect whistleblowers may also apply in some cases.

Gross, the law professor, argued that the spotlight shone by the Weinstein affair on sexual harassment may signal the beginning of the end for NDAs.

Just as "it might be in the public in interest to say 'Hey, my employer is polluting rivers,'... some people say it might be in the public interest to know 'Hey, my employers have been groping young women,'" Gross said.

Source: AFP

arabstoday
arabstoday

Name *

E-mail *

Comment Title*

Comment *

: Characters Left

Mandatory *

Terms of use

Publishing Terms: Not to offend the author, or to persons or sanctities or attacking religions or divine self. And stay away from sectarian and racial incitement and insults.

I agree with the Terms of Use

Security Code*

weinstein affair puts spotlight on nondisclosure agreements weinstein affair puts spotlight on nondisclosure agreements

 



Name *

E-mail *

Comment Title*

Comment *

: Characters Left

Mandatory *

Terms of use

Publishing Terms: Not to offend the author, or to persons or sanctities or attacking religions or divine self. And stay away from sectarian and racial incitement and insults.

I agree with the Terms of Use

Security Code*

weinstein affair puts spotlight on nondisclosure agreements weinstein affair puts spotlight on nondisclosure agreements

 



GMT 10:59 2018 Friday ,07 December

Houthi militia shell commercial center in Hodeidah

GMT 21:12 2017 Sunday ,10 December

UAE, Sri Lanka advancing bilateral relations

GMT 19:21 2017 Wednesday ,08 November

Iqbal Day marked in Paris

GMT 18:14 2017 Wednesday ,31 May

A handbag? For $380k, it's yours

GMT 21:17 2017 Saturday ,21 October

EU summit to throw Britain a Brexit bone

GMT 15:45 2017 Friday ,04 August

Yemeni army liberated more areas in Shabwa

GMT 20:23 2017 Thursday ,14 September

Paul Auster tops shortlist for Man Booker prize

GMT 09:55 2017 Tuesday ,14 November

Horford leads way as Celtics win 12th straight

GMT 20:04 2018 Sunday ,02 September

Drive to teach food safety to housewives

GMT 08:54 2014 Monday ,17 November

German artist hits back at Bayreuth Festival

GMT 13:15 2018 Wednesday ,17 January

Bassil welcomes Ambassadors of Iraq, Hungary

GMT 01:05 2017 Thursday ,23 March

Strawberry prices fall to Dh10 a kilogram

GMT 08:33 2017 Tuesday ,14 February

Asian markets dip, dollar hit by Flynn resignation

GMT 15:53 2017 Wednesday ,23 August

Six dead as typhoon smashes into Macau and Hong Kong

GMT 19:43 2017 Sunday ,05 March

FNC Speaker, Irish official discuss cooperation

GMT 13:01 2017 Friday ,10 March

Hohns named as Australia chief cricket selector
Arab Today, arab today
 
 Arab Today Facebook,arab today facebook  Arab Today Twitter,arab today twitter Arab Today Rss,arab today rss  Arab Today Youtube,arab today youtube  Arab Today Youtube,arab today youtube

Maintained and developed by Arabs Today Group SAL.
All rights reserved to Arab Today Media Group 2021 ©

Maintained and developed by Arabs Today Group SAL.
All rights reserved to Arab Today Media Group 2021 ©

arabstoday arabstoday arabstoday arabstoday
arabstoday arabstoday arabstoday
arabstoday
بناية النخيل - رأس النبع _ خلف السفارة الفرنسية _بيروت - لبنان
arabstoday, Arabstoday, Arabstoday