Bar Bulletin

Bar Bulletin

Mandatory Arbitration and Confidentiality Clauses in the #MeToo Era

December 2018 Bar Bulletin

By Aaron Goldstein

The practice of including mandatory arbitration and nondisclosure provisions in employment agreements has received a lot of media attention lately as it has come under fire by members and allies of the #MeToo movement. These provisions require employees to arbitrate and not disclose claims of sexual harassment, thus shielding them from public view. 

From the perspective of many within and supportive of the #MeToo movement, such provisions allow harassers to avoid public scrutiny and buy their way out of true responsibility for their actions. For some employers, these provisions have been seen as a way to avoid a trial in the...

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