Rojgar Job News

This blog has tried to stay apolitical throughout its 12+ years so I’m not going to start talking politics now. But, over the last week, the issue of confidentiality provisions and non disparagement clauses in settlement agreements of discrimination claims has moved front and center of the political debate between Senator Elizabeth Warren and Michael Bloomberg.  He agreed to have his company release details late last week.  But it’s worth understanding the legal context to such clauses. (ABC News has a pretty good recap of the background of the settlement agreements of Bloomberg here.) The suggestion being made by Senator Warren and others is that there is something nefarious with such clauses and that the plaintiffs who signed settlement agreements should now be able to “talk” about being discriminated against. In theory, that sounds unobjectionable. But in practice, that is simply not how the overwhelming number of employment law cases get settled and...