About 45% of workers report being subject to employer nondisclosure agreements (NDAs), which may silence employees from reporting instances of discrimination, according to research from advocacy group Lift Our Voices and Pennsylvania State University.
Overall, Black and Asian workers reported being subject to restrictive covenants at higher rates than Hispanic and White workers. Women also reported restrictive covenants at slightly higher rates than men.
Across both studies, Penn State researchers surveyed nearly 2,000 participants, including active job seekers and employment law attorneys, about NDAs and forced arbitration clauses in the workplace.
Employees and employers are focused on mental health at work — perhaps more than ever before.
Beyond NDAs, workers reported being subject to class action waivers (43%), mandatory arbitration clauses (39%), noncompete agreements (22%) and nonsolicitation clauses (19%). Employees reported being most concerned about noncompete and mandatory arbitration clauses.
“Not only do these studies confirm that silencing mechanisms continue to be widely used across the American workplace, they also show that these anti-worker policies disproportionately impact women and people of color, who are more likely to face discrimination,” said Gretchen Carlson, co-founder of Lift Our Voices. “The reality is that corporate America has long been minimizing the harmful impacts of NDAs and...
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