Non-Disclosure Agreements (NDAs) & Sexual Harassment in the Workplace

Understanding NDAs in Employment

A non-disclosure agreement (NDA) is a contract that restricts an employee from sharing certain information. Employers often present them as routine paperwork, but for employees, especially executive assistants, personal assistants, celebrity staff, or corporate employees, an NDA can feel intimidating.

At Phillips & Associates, we want you to know: signing an NDA does not take away your right to report sexual harassment, discrimination, or retaliation.

What Is an NDA?

NDAs are meant to protect sensitive information of the company, such as:

• Business strategies
• Trade secrets
• Financial data
• Executive or celebrity privacy

They are most common in industries like finance, technology, entertainment, law firms, and start-ups. Employees who often face NDA requirements include assistants, personal staff, interns, and contractors who work closely with executives or sensitive business information.

What NDAs Protect

When drafted properly, NDAs are legitimate business tools. 

They are designed to shield:

• Confidential client lists
• Proprietary technology or products
• Internal communications and business plans
• Personal details about high-profile employers

In short, NDAs are supposed to protect business and not to cover up unlawful behavior.

What NDAs Do Not Protect

This is where many employees get confused. NDAs are often written in dense legal language, and employers may even imply that they cover “everything.” That is not true.

No NDA can legally stop you from speaking out about:

• Sexual harassment – unwanted comments, touching, texts, advances, or pressure for dates
• Workplace discrimination – based on sex, race, age, disability, religion, or other protected traits
• Retaliation for reporting misconduct – being demoted, fired, or punished after you complain
• Wage theft or labor law violations – such as unpaid overtime, tip skimming, or misclassification
• Other illegal conduct – including fraud or criminal behavior

If your employer suggests otherwise, they are misrepresenting the law. An NDA is not a gag order. It is meant to protect confidential business information—not shield harassment or abuse.

If you are questioning whether certain conduct is “just uncomfortable” or actually crosses the line into harassment, it’s important to know you can ask an attorney confidentially without breaking your NDA. A consultation is private, and NDAs cannot prevent you from seeking legal guidance.

Your Rights Even If You Signed an NDA

Even with an NDA in place, you still have powerful rights under the law. You can:

• Consult confidentially with an attorney at any time
• File a lawsuit for harassment, discrimination, or retaliation
• Report misconduct to the EEOC or your state’s workplace agency
• Testify truthfully in court without fear of violating your NDA

It’s common for employees to feel paralyzed by fear, worrying that they’ll be sued or branded a “troublemaker” if they speak up. But the truth is, NDAs cannot erase your workplace protections. If you’re unsure whether your situation qualifies as harassment or retaliation, it’s better to ask than to stay silent.

Our attorneys can explain your rights, review your NDA, and help you decide on next steps, all in confidence.

Can You Negotiate an NDA?

Theoretically, yes. Senior executives sometimes negotiate narrower terms, but assistants and entry-level employees often cannot. Employers may even see pushback as a red flag.

Still, it’s worth asking questions before signing. You can:

• Request clarification on what “confidential” means
• Have a lawyer review the agreement
• Ask for language confirming your right to report harassment or discrimination

NDAs and Harassment: The Bigger Picture

NDAs became a national issue during the #MeToo movement. Too often, they were used not just to protect business interests but to silence victims of harassment. From Hollywood studios to Wall Street firms, employees were pressured into silence by overly broad NDAs.

At Phillips & Associates, we have represented employees who feared their NDA prevented them from speaking up. The truth is simple: your legal rights cannot be signed away.

If you signed an NDA and are now facing harassment, discrimination, or retaliation, you still have rights. Don’t let an NDA intimidate you into silence. Contact Phillips & Associates today at (866) 229-9441for a free consultation. No attorney fees unless we recover compensation for you.