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Resources

Assessing the impact of non-disclosure agreements and forced arbitration clauses on survivors of workplace sexual harassment and discrimination

drawing of woman with hand covering her mouth

The #MeToo movement revealed the widespread use of nondisclosure agreements (NDAs) in the workplace in cases of sexual harassment and discrimination. In this report, we find that NDAs have more than just a silencing effect on survivors of sexual harassment and discrimination; NDAs actually shape survivors’ career opportunities, financial situations, and emotional well-being.

Through interviews with 23 individuals who signed NDAs in the workplace, we show how companies use NDAs and forced arbitration clauses to protect themselves while reinforcing toxic organizational cultures. Many of the individuals we interviewed were unaware that the NDAs they signed at onboarding would dramatically reshape their legal rights and change their professional trajectories. Others were resigned to sign NDAs as part of settlement agreements after experiences of harassment or discrimination. Some survivors we spoke to were pushed out of their professional fields altogether, generating long-term financial and emotional strain. We show how NDAs stifle survivors, embolden perpetrators, and hide the landscape of sexual harassment and discrimination from the public. 

Our results challenge industry and institutional leaders to rethink how NDAs are used in their organizations. We also urge for more research and data to document how NDAs shape the lives of survivors of workplace sexual harassment and discrimination. Finally, we invite decision-makers, policy makers, and business leaders to take the findings from this research to reimagine a more transparent and supportive work environment and legal landscape. 

Download the full report (504 KB)

Inequality and returning to the Stanford campus following the COVID pandemic 

Data being collected around the country strongly suggest that the COVID-19 pandemic, and its economic fallout, have exacerbated all measurable forms of inequality. This includes a mass exodus of women of all races and ethnicities from the workforce. Child/elder care and domestic duties have remained the burden of women, resulting in a loss of wages. One study found that teleworking mothers were about twice as likely as fathers to report they had a lot of child care duties while working. Another study found that mothers are three times as likely as fathers to have lost their jobs during the pandemic. Those women who have remained employed during the pandemic have lost wages, as the already substantial wage gap between men and women has grown. While COVID-19 has worsened gender inequalities generally, women of color and those with disabilities have been hit the hardest, with high rates of job loss. In addition, those who are gender non-conforming may be particularly vulnerable. Due to insufficient safety nets and community support, many professional women are finding the situation untenable, whether it be that they see the writing on the wall that they won’t get a promotion or retain their job, or are having to choose between their family and work.

The academy is unfortunately not impervious to these inequalities. There is, however, reason to suspect that the processes observed in other sectors will unfold more gradually at the university over the next few years. Simply put, the unequal distribution of time, resources, and opportunities now will almost certainly lead to inequalities in hiring, retention, and promotion in future years – unless concrete steps are taken to intervene. Download full report as PDF.

Dual-career academic couples

The Clayman Institute is pleased to present our new research study on dual-careers in academia, "Dual Career Academic Couples: What Universities Need to Know." Dual-career issues are increasingly important in higher education today. Over 70 percent of faculty are in dual-career relationships; more than a third are partnered with another academic. This trend is particularly strong among women scientists and assistant professors. As the number of women receiving Ph.D.s continues to rise, U.S. universities will see an increasing number of high quality candidates for faculty positions partnered with another academic. This presents universities with a challenge, but also a great opportunity to diversify their faculty.

Based on the partnering status of full-time tenured and tenure-track faculty in thirteen top U.S. research universities, Dual-Career Academic Couples explores the impact of dual-career partnering on hiring, retention, professional attitudes, and work culture in the U.S. university sector. It also makes recommendations for improving the way universities work with dual-career candidates and strengthen overall communication with their faculty on hiring and retention issues. From the Clayman Institute for Gender Research, 2008. Download the full PDF

Voice & Influence curriculum

The following resources are housed on the website of our partner, the Stanford VMware Women’s Leadership Innovation Lab.

The Voice & Influence online curriculum is designed to empower women and men to realize their professional potential, and help them create organizations where workers can excel, belong and thrive. This online curriculum features education modules with faculty from leading universities. Watch the videos individually or with a group, using our discussion guides to share experiences and discuss what "One Action" you can take to increase your own voice and influence.

Learn more about Voice & Influence