Sexual harassment isn't a crime, though there are inroads into them like discrimination based on sex, improper termination etc. You're completely underplaying the level of false choice a person has when presented with this situation. And it's what's allowed thousands of people/companies to get away with what they do with relative impunity from a culture of this at parts of Bloomberg to Harvey Weinstein to Kobe Bryant.JFLNYC wrote:JUburton wrote:JFLNYC wrote:slugsrbad wrote:JFLNYC wrote:What Warren is missing (intentionally or not) is that there are undoubtedly other people besides Bloomberg who are beneficiaries of those confidentiality clauses and whose rights and privacy would be adversely affected if Bloomberg were unilaterally try to release anyone from their commitments.
It is more about the atmosphere he allowed to foster (intentionally or not) at his company and not solely the bad actions of Bloomberg himself. If the victims/targets wanted to remain silent they could.
And if they had wanted not to sign an NDA they could have done so.
I’m not condoning whatever happened at Bloomberg and, having signed more than one myself, I hate NDA’s required to settle matters (along with restrictive covenants, non-competes, etc.) but: (a) they were agreements knowingly and willfully entered into; and (b) Bloomberg can’t just release these women from their obligations without the potential for huge collateral damage to others.
Can you expand on B? Again, no one would force them to talk, and I'm not sure what 'collateral' damage would be done to innocent people.
As I noted above, “there are undoubtedly other people besides Bloomberg who are beneficiaries of those confidentiality clauses and whose rights and privacy would be adversely affected if Bloomberg were unilaterally try to release anyone from their commitments.”JUburton wrote: And while it is true that they signed the NDA 'willingly', when the alternative is 'woman on her own' vs 'the legal force of a multibillion dollar company', there is a power dynamic involved that makes true, unadulterated consent not really possible. Either I shut up and take some money or I fight a legal behemoth that might run me into the ground or bankruptcy even if I am right. Not much of a choice.
That power is disparity is something we all face multiple times a day in our interactions with the corporate world. And the choice is not limited to sign or sue. We can just walk away or, if the wrong in question rises to that level, file a criminal complaint. Once someone agrees to accept money for his or her silence, he or she is in no position to complain about being muzzled.
With regard to the first part, you haven't given one concrete example of someone who would 'undoubtedly' be a beneficiary of those clauses etc. That's a risk in a world with free speech.