Pinterest made a splash when it announced it would no longer be requiring nondisclosure agreements for harassment or discrimination lawsuits, part of a securities derivative settlement related to workplace claims.

U.S. District Judge William Alsup of the Northern District of California. (Photo: Sarah Jeong)

Now the judge in charge of approving the settlement, U.S. District Judge William Alsup, wants more information.

Noting that the special committee recommendation "did not involve this policy change," Alsup on Feb. 2 gave the settling parties five days to provide a sworn statement establishing:

  1. Whether what counsel said is true, that Pinterest has committed not to require any NDAs in resolutions of harassment or discrimination complaints.
  2. The date that this change went into effect.
  3. That what counsel implied is true: that Pinterest will not change its policy back to requiring NDAs for harassment and discrimination complaint resolution.
  4. What specific notice of this policy has been or will be given to those subject to NDAs?

Plaintiff lawyer Julie Goldsmith Reiser of Cohen Milstein Sellers & Toll in Washington, D.C., counsel for interim lead plaintiff the Employees' Retirement System of Rhode Island, filed a seven-page response on Monday, saying among other things, "Pinterest will not be enforcing existing NDAs for individuals who made gender or race discrimination claims related to the underlying facts and circumstances of incidents and the reporting process."

Reiser said Pinterest is not notifying people who are subject to existing NDAs that those NDAs will be void under the settlement, but she cited the widespread publicity the settlement is receiving, including from Pinterest whistleblower Ifeoma Ozoma, who along with Pinterest employee Aerica Shimizu Banks first brought the allegations that became the basis for this case.

"She regularly interacts on social media with current and former Pinterest employees who are curious about her experience and about Company policy related to discrimination, harassment, and NDAs," Reiser wrote. "Messages by Ms. Ozoma and others regarding this settlement and specifically the NDA release reached a very wide audience."

"Given the extensive coverage and what we know to be true about whistleblowers, it is difficult to imagine that a Pinterest employee who entered into an NDA arising from discrimination or harassment and would like to speak out, but feels restrained by their NDA, is unaware of this settlement provision," the filing continues. "Plaintiffs and their counsel are extremely proud of the settlement achieved in this case, including a robust array of over fifty reforms, including numerous novel provisions. We believe the settlement comfortably meets the standards for both preliminary and final approval of a settlement."

Pinterest lawyers at Freshfields Bruckhaus Deringer in Menlo Park missed Alsup's deadline. The judge issued an order Tuesday saying he "appreciates the sworn response by plaintiff's counsel" but still requires a sworn statement from Pinterest, too. He gave the company until noon Friday to respond. ‌