The Law Journal Editorial Board’s commentary opposing the legislation making nondisclosure agreements unenforceable against the victims of harassment and discrimination misses the point (“Banning Nondisclosure Agreements May Hurt More Than Help,” New Jersey Law Journal, July 30, 2018). The law does not “compel victims to sacrifice their own privacy” as the editorial claims. Nothing in the law requires an employee to reveal her harassment or settlement. And the employer never wants to reveal it—that’s why for the 38 years that I have represented employees it has always been, without exception, the employer who demands an NDA.

What the law passed by the New Jersey Senate and pending in the Assembly does do is give victims their voices back. It makes it illegal for an employer to tell a victim of harassment or discrimination to just take some money and shut up.

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