Companies have traditionally relied on agreements with confidentiality provisions and nondisparagement clauses to settle discrimination and other workplace complaints. In exchange for a monetary payment, workers weren't allowed to speak negatively about the company, discuss terms or in some cases even refer to the existence of a nondisclosure agreement (NDA). Some workers appreciated the ability to settle the matter discretely, however the deal tips the balance of power heavily toward the company.Now, many employees are questioning that balance of power. Currently, more employees are demanding exit agreements that permit them to speak about their experiences and the discrimination that they faced.
See "Employees Push for the End of NDA's in Discrimination Settlements", Khadeeja Safdar , The Wall Street Journal , October 20, 2020