Testifying in support of HB5574: AN ACT CONCERNING EMPLOYMENT

5 Pages Posted: 11 Mar 2022

See all articles by Orly Lobel

Orly Lobel

University of San Diego School of Law

Date Written: February 16, 2022

Abstract

In this written testimony, Professor Lobel draws on her scholarship and collaborative research to explain why the law should support free speech, transparency and public disclosure of harassment, discrimination and retaliation in the workplace. Lobel argues that, in practice, nondisclosure agreements (NDAs) have expanded beyond their legitimate goals and have created silence and fear among employees who wish to speak up against their employer or former employer. Moreover, NDAs operate as anticompetitive forces in the labor market, preventing employees from sharing substantial information about work environments.

Keywords: NDAs, harassment, discrimination, settlement, competition, labor, employment, equality, transparency, #MeToo, testimony

Suggested Citation

Lobel, Orly, Testifying in support of HB5574: AN ACT CONCERNING EMPLOYMENT (February 16, 2022). San Diego Legal Studies Paper No. 22-002, Available at SSRN: https://ssrn.com/abstract=4054720 or http://dx.doi.org/10.2139/ssrn.4054720

Orly Lobel (Contact Author)

University of San Diego School of Law ( email )

5998 Alcala Park
San Diego, CA 92110-2492
United States

HOME PAGE: http://www.orlylobel.com/

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