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Determining Whether NDAs Are Enforceable in Sexual Harassment Cases

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Like all good legal questions, the answer to whether a nondisclosure agreement (NDA) is enforceable in sexual harassment cases is “it depends.” An NDA or confidentiality agreement is a signed legal document that restricts one party from sharing certain information with others. In the 1940s, NDAs were originally used in maritime law, and in the 1980s, they were commonly used in the tech industry to protect trade secrets. Since then, NDAs have gradually crept into a wider variety of employment contracts and become normalized in settling disputes about sexual misconduct and other forms of discrimination. In recent years, however, there

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