California Lawmaker Proposes Ban on Secret Sexual Assault Settlements
California state Senator Connie Leyva is trying to put an end to secret sexual assault and harassment settlements. Currently, if a lawsuit is settled out of court, the terms can include signing a non-disclosure agreement (NDA) that effectively silences the victim from ever discussing the case.
Senator Leyva wants to put an end to this practice by making settlements in sexual harassment and assault cases public. She believes that by making this process more transparent, perpetrators will be held accountable and, in the best-case scenario, prevent them from ever victimizing another person. Her goal is to ensure justice for victims of workplace sexual harassment and assault. She will introduce the bill when the next legislative cycle begins in January.
How NDAs keep sexual harassment under wraps
When sexual harassment or sexual assault happens in the workplace and a case is settled with a non-disclosure, the public (and potential employees) may never find out about the accused and their predatory behavior. The victim cannot name the perpetrator, talk about them in the media, post about them on social media, or even talk about the case. Doing any of that would require taking the case to court. With many survivors of harassment or assault, going to trial can be an emotionally grueling experience. Settling out of court keeps their privacy intact and allows them to heal on their own time.
Of course, this also keeps the alleged perpetrator’s privacy intact, leaving them free to continue their behavior. If the harasser victimizes multiple people, someone who signed an NDA is powerless to share their story unless they are willing to defy their legal documents. If legislation passes in California (it is also being discussed in other states) removing that confidentiality, victims will be free to talk about the facts of their case and settlement details.
Critics of the idea, however, warn it could have a negative effect on victims. Some victims of assault or harassment want their identities to remain private, as well as the details of their experience. Perhaps they do not want family or friends to know what happened, or do not want the incident known to future employers. In cases like these, detractors say the law needs to be more nuanced.
The attorneys at Taylor & Ring are experienced in compassionate representation of victims of sexual assault and harassment. We seek compensation for your psychological and financial injuries. Call us today at 310.776.6390 or complete our contact form to schedule a consultation. We serve clients in Los Angeles and the Southern California area.
David Ring is a nationally renowned plaintiff’s personal injury trial attorney and has obtained multi-million dollar verdicts and settlements on behalf of seriously-injured individuals or families who have lost a loved one in a tragic accident. For more than 20 years, he has represented victims of sexual abuse, sexual harassment, assault, molestation and sexual misconduct in cases against a variety of employers and entities, including schools, churches and youth organizations.
He prides himself on providing aggressive, yet compassionate representation for children who have been sexually abused and women who have been sexually harassed or assaulted. Read more about David M. Ring.