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By Emily Peck

 

The power of speaking up

 

At last night's Democratic presidential debate, Sen. Elizabeth Warren (D-Mass.) went after Michael Bloomberg (Billionaire-NYC) over his use of nondisclosure agreements.


Bloomberg's company used NDAs to force women to stay silent about their experiences with sexual harassment and discrimination at the media and data company. Bloomberg tried to argue, weakly, that NDAs are good for everyone.


Typically, NDAs are the price you pay if you want to settle a lawsuit against a powerful person or company. The agreements essentially buy your silence. If you don't sign, you don't get the settlement money. Women faced with the huge costs of litigation may feel they have little choice. By keeping these stories quiet, however, bad actors get to keep doing bad acts.


"NDAs also helped cover up the sexual misconduct allegations involving former NBC 'Today' anchor Matt Lauer and other officials at NBC, as well as those involving Fox News founder Roger Ailes and former host Bill O’Reilly," writes my colleague Marina Fang.


I was reminded of this as I was reading Susan Fowler's new book about her time working at Uber. While there, Fowler was sexually harassed and retaliated against. The details are truly shocking and I encourage you to read the book. But we wouldn't know any of this had Fowler been bound by an NDA. Indeed, if she'd been silence, Uber might still be doing this stuff to its workers. Thanks to her, it's not.

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