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The Issue With Confidential Sexual Harassment Settlements

Law360, New York (November 21, 2016, 11:06 AM EST) -- “The very word 'secrecy' is repugnant in a free and open society; and we are as a people inherently and historically opposed to secret[s]. We decided long ago that the dangers of excessive and unwarranted concealment of pertinent facts far outweighed the dangers cited to justify it. “– John F. Kennedy

Confidentiality Clauses

Employment settlement agreements typically contain standard, boilerplate-language confidentiality clauses prohibiting the parties to the agreement from disclosing certain facts. Typically, secret settlement agreements require confidentiality regarding the identity of the parties, settlement amount, admission or denial of fault by one or more parties, and any facts relating to...

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