Catherine Fisk (University of California, Berkeley – School of Law) has posted Nondisclosure Agreements and Sexual Harassment: #MeToo and the Change in American Law of Hush Contracts (Nondisclosure Agreements and Sexual Harassment: #MeToo and the Change in American Law of Hush Contracts in Globalization of the MeToo Movement (David Oppenheimer and Ann Noel, eds.) (2020)) on SSRN. Here is the abstract:
In late 2017, the #MeToo moment began as one woman after another breached a contract requiring her to remain silent about sexual harassment, assault, or rape. The news reports began in October 2017, when numerous women said that Hollywood mogul Harvey Weinstein had sexually harassed, assaulted, or raped them over the course of many years. As women began speaking out about experiencing harassment, assault, and rape in entertainment, journalism, politics, sports, and business, it became clear that many were victims of serial predators and their experiences followed a pattern. It also became clear that contractual settlements of harassment that required victims to keep silent were a part of the problem.
Highly recommended.