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Utah bans nondisclosure agreements for sexual harassment, misconduct

May 2024 employment law letter
Authors: 

Ryan Frazier, Kirton McConkie

Harvey Weinstein, originally known for being a cofounder of Miramax, has infamously become synonymous with sexual misconduct. Over the course of at least 20 years, he sexually assaulted and harassed multiple women, successfully concealing his actions by using nondisclosure agreements. It wasn’t until one brave woman spoke up that an end was put to his sexual misconduct.

Nondisclosure agreements are common in settlement agreements. Employers frequently include nondisclosure restrictions in settling sexual harassment, misconduct, and improprieties in the workplace. Naturally, they don’t want such allegations to affect the company’s reputation. But, as in Weinstein’s case, silence allows sexual harassers and predators to flourish. Accordingly, some states and government entities are taking action to end this practice, thereby encouraging victims to speak out against sexual harassment and assault. Utah recently became one of the states prohibiting such agreements.

Employment confidentiality amendments

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