“If they have nothing to worry about, they should have no reason to continue silencing women”
One former Fox News staffer who sued the network told me she’s “never been able to find work again. I’ve even been flushed out of volunteer work because of it.” She added, “One of the sickest parts of an NDA is it is designed to keep victims isolated. Women who suffer the same sexual harassment from the same perpetrator will never know the others exist.”
Breaking an NDA can incur hefty penalties, including being sued for monetary damages for breach of contract, defamation, attorneys’ fees, or an injunction precluding the defendant from continuing to speak. If settlement money is spread out over time, the employer could seek to suspend future payments. The fear of bankruptcy or of being put through another legal battle is often why women choose to adhere to NDAs. Then, there’s the additional reputational damage.
Another former network employee echoed similar concerns. “I’m fearful on the one hand. The PTSD I developed after my forced NDA has altered my life and the idea of facing a room full of lawyers out for a buck off my silence is too painful to imagine happening again,” she said. “On the other hand, if that’s the outcome, why not go public with it all anyway? What else can they do to me? I’m not sure I care about them and their big bad threats anymore.
Roginsky, too, is committed to breaking the silence that binds so many women—she’s taking steps to set up an organization to raise awareness about NDAs and forced arbitration. For Holder, the point of the fight is to give women agency over their own lives. “I advise every woman to fight against an NDA just as hard as we fight for a monetary settlement,” she said. “Having a choice to share your story, if you want, is freedom.
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