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How to stop the next Harvey Weinstein

In situations where those accused of sexual harassment are rainmakers -- individuals on whom the success of the business depends -- too many companies sweep allegations of predatory behavior under the rug.

By Samuel Estreicher | Updated on November 13, 2017
In the wake of the Weinstein scandal, some lawmakers have called for bans on companies' use of non-disclosure agreements in harassment cases. (Image: Shutterstock)

In the 26 years since the Anita Hill hearings focused national attention on the issue of sexual harassment in the workplace, significant progress has been made. Most employers take seriously allegations of sexual and ethnic harassment and show little tolerance when presented with credible cases of abuse.

However, in situations where the accused are “rainmakers” — individuals on whom the success of the business depends — too many companies sweep allegations of predatory behavior under the rug. That’s in part because of the use of nondisparagement or nondisclosure clauses in settlement agreements (called NDAs), which pay out substantial sums to accusers in exchange for their silence.

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