To: Legislators, Lawmakers, and Government Authorities

We, the undersigned, call on lawmakers to strengthen protections for employees who report workplace discrimination, harassment, and misconduct. The use of Non-Disclosure Agreements (NDAs) in such cases often silences victims, allowing companies to hide damaging practices and perpetuate harmful work environments without accountability.

Additionally, we demand that companies who mishandle corporate investigations into discrimination and misconduct be subject to external audits and face legal consequences when investigations are manipulated, incomplete, or unfairly conducted.

We also demand that the EEOC eliminate the practice of pushing for settlements in these cases before they review the facts, as these dangerous settlements only enable companies to continue to perpetuate discriminatory behavior without impunity. 

These settlements often don’t take into consideration the psychological toll employees go through, not only having witnessed misconduct, but processing the fear of what it means when the actions are reported.  

My Personal Story:

I worked at a company where I reported my manager for a long list of infractions, including gender discrimination, violations of company policies, and potential breaches of the law. I provided significant evidence, expecting a fair investigation and resolution. 

However, despite the evidence, the company’s legal team conducted an investigation that, in my experience, failed to properly address the allegations.

The outcome of the investigation did not hold the manager accountable for his discriminatory behavior. Months later, this leader was later involved in terminating several women in a team-wide layoff, while no male employees were affected, even though a male colleague had also violated company policies. The pattern of unequal treatment is clear, and it continues to this day.

In regards to the investigation - I was placed on a force leave of absence for 8 weeks. My team that I managed was told not to contact me and I was told not to contact them. Fear was instilled in them around contacting me to the point where a few of them bought burner phones to keep in touch. The person under investigation, meanwhile, did not face a forced leave and continued to display misconduct, creating a hostile and toxic environment. Following my termination, the company provided my former boss (who I had reported), access to my email. This is something easily seen on Google business accounts as when you type in my former email address , my former leaders photo appears. Following my termination, a minority woman was also terminated a few weeks later unexpectedly. She and I had expressed concerns to each other about this person via email. Typing in her old email address- you will also see this leaders photo now too. She was told it was for “poor performance” yet she had just received a promotion from this leader only a few months prior. She never had any performance issues. 

As a result of the mishandled investigation, my physical and mental health began to deteriorate. I suffered from panic attacks, severe weight loss, insomnia, and constant fear and paranoia. The company’s failure to address this misconduct and discrimination left me feeling powerless, and I eventually accepted a settlement that covered only lost wages as a result of my termination, without acknowledgment of the emotional and psychological damage I had endured.

Why NDAs Must Be Eliminated in Discrimination and Retaliation Cases:

NDAs are frequently used to silence employees who have experienced or reported discrimination or misconduct. This legal tool prevents victims from sharing their stories or seeking justice outside of a settlement, allowing companies to continue discriminatory practices without consequence.

Call for Action:

We are calling for the following reforms to protect employees and ensure accountability in corporate misconduct cases:

 1. Ban on NDAs in Workplace Discrimination, Retaliation, and Harassment Cases:
Lawmakers must pass legislation prohibiting the use of protective NDAs in cases related to workplace discrimination, harassment, or misconduct. Victims should not be forced to remain silent while abusers and those enabling them remain protected.

 2. Mandatory Third-Party Reinvestigations for Mishandled Cases:
Companies that mishandle internal investigations must be subject to third-party audits and reinvestigations. This will ensure a fair and transparent review process when allegations of discrimination or misconduct are reported.

If this duty falls to the EEOC then it’s time they take this duty seriously instead of encouraging an abused victim to settle with their abuser before all of the facts are taken into consideration.

There is no place for negotiation with abusers. Period. We demand accountability. 

 3. Accountability for HR and Legal Teams:
HR professionals and legal teams who are found to have improperly conducted investigations or manipulated findings must face professional and legal consequences. This includes potential disbarment for lawyers and penalties for companies that fail to act responsibly.

 4. Corporate Audits and Financial Penalties:
Companies that are found guilty of mishandling investigations should be subject to independent audits and face financial penalties proportional to their size and profits. These penalties will serve as a deterrent to unethical behavior and ensure accountability.

 5. Comprehensive Compensation for Victims:
Settlements in these cases should include compensation for emotional, psychological, and reputational damages, not just lost wages. Employees who have been mistreated deserve full acknowledgment of the harm done to them.

Wider Issue Across Industries:

The use of NDAs and the mishandling of internal investigations are not isolated to one company or one industry. Across various sectors, employees are pressured into silence, and justice is denied due to NDAs that protect the company’s reputation over the well-being of its workers.

This petition seeks to highlight these patterns and push for change that will ensure all employees can report misconduct without fear of retaliation or silencing.

Our Appeal:

We urge lawmakers to take action to eliminate NDAs in workplace discrimination and harassment cases, mandate third-party reinvestigations for mishandled investigations, and impose meaningful penalties on companies that fail to protect their employees. Only through these reforms can we ensure safe, equitable, and just workplaces for all.

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