In fact, the statement did not represent a new policy at NBCUniversal. “It was a bit disingenuous to ask people who have entered into confidentiality and non-disparagement agreements to have to contact NBC to be released from that rather than just saying anyone who has signed an NDA for harassment or discrimination claims is released from all obligations,” observes Douglas Wigdor, a New York attorney who specializes in harassment and discrimination cases and who has represented individuals with claims against Fox News and Harvey Weinstein. The language in the statement - a qualified release on issues of “sexual harassment,” but not discrimination or assault, and asking employees to “contact NBCUniversal” to secure a release - prompted an immediate backlash. So on Friday, when Rachel Maddow on her MSNBC program touted “ some news” appearing to confirm that NBCUniversal had released former employees with harassment claims from such agreements, it naturally made headlines.
Confidentiality and non-disparagement clauses in separation agreements have come under fire during the #MeToo movement as powerful mechanisms for silencing women and perpetuating predatory behavior.
