McKenna on KIRO: Can you cover up sexual misconduct with NDAs?

KIRO 97.3 host Dave Ross asked Rob about non-disclosure agreements as they relate to the Harvey Weinstein scandal and other sexual misconduct cases. Many worry that confidentiality agreements Weinstein’s victims signed as part of financial settlements helped keep his conduct under wraps.

Dave Ross: “Isn’t there a concept in the law called manifest injustice?”

Rob McKenna: “I think that goes along the lines of what I refer to as ‘void for public policy,’ where we just think there are certain things people should not be allowed to agree to in contracts.

“And those can be things that would require concealment of information the public really needs to know. And they can also arise from the idea that bargaining between an employer and an employee is not equal.

“But I really do think that it’s time for legislatures to bar the enforcement of confidentiality provisions in settlement agreements and in employment contracts that would apply to sexual harassment in the workplace.”

Listen here

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  • Deryl McCarty

    Doesn’t it go further than sexual misconduct? It would seem inconceivable to me that we could have a contract that prevents someone from revealing a murder or bank robbery or…?
    Even the sacrosanct attorney client privilege rules allow for an attorney to report a client who admits to planning a murder tomorrow.