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21 February 2019 / Juliet Carp
Issue: 7829 / Categories: Opinion , Employment
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Tackling sexual harassment in the workplace

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It’s time for lawyers to contribute to the debate on confidentiality agreements, says Juliet Carp

The Employment Lawyers Association (ELA) works hard to share the practical and legal experience of its 6,000 employment lawyer members with those looking to develop good workplace laws—but lawyers from all specialisms could help inform current debate on laws related to sexual harassment. We should start with the cry for a ‘ban’ on ‘gagging orders’ and non-disclosure agreements (NDAs). At root there is a real —and serious—concern that confidentiality terms in agreements used to settle employment disputes are allowing serial workplace harassers to ‘bury their crimes’ and ‘get away with it’. Some myth-busting would help so that we can focus properly on options for change:

  • Criminal sexual assault and criminal harassment are just that, crimes. Any employee may report a crime, or suspicion of a crime, to the police. Those reporting do not need to be victims. Employees should not be discouraged from reporting a crime—and regardless of what they sign, they may still report
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