2025 ASEE Annual Conference & Exposition

Ending the Use of Non-Disclosure Agreements to Silence Reporting of Sexual Harassment and Discrimination in US Higher Education

As engineers, we understand the importance of confidentiality and the protection of intellectual property, and frequently sign NDAs for this purpose. However, in many of the public scandals of the past 10-20 years, including those at universities, non-disclosure agreements have played a key role in covering up abuse and misconduct, as well as damaging survivors, whistleblowers and institutional working and learning environments.

Zelda Perkins, the first woman to break an NDA with Harvey Weinstein, and law professor Julie Macfarlane, recipient of the order of Canada, founded Can’t Buy My Silence (CBMS) which has promoted legislation restricting NDAs and a voluntary pledge for universities that has been signed by 95 universities in the UK and 4 in Canada. CBMS was involved in successful NDA legislation in both Ireland and Canada. In 2023, NDAFreeCampus.com was formed to address the misuse of NDAs in US higher education, with a similar pledge, adding the word ‘discrimination’ to reflect the experience of people of color and others, and recognize the work of Ifeoma Ozoma, who broke an NDA to expose racial discrimination at Pinterest:

“(W)e [our president and board of trustees/board of regents] commit to not using Non-Disclosure Agreements to silence people who come forward to raise complaints of sexual harassment, abuse or misconduct, discrimination, or other forms of harassment and bullying.”

NDAFreeCampus.com and the University Pledge have been endorsed by ASEE, IEEE-USA, Can’t Buy My Silence and Lift Our Voices, founded by Gretchen Carlson and Julie Roginsky, formerly of Fox News. Lift Our Voices promoted the Speak Out Act, approved by unamimous consent in the US Senate, which renders unenforceable pre-dispute NDAs in cases of sexual assault or sexual harassment.

NDAs disproportionately impact women and people of color due to cases of sexual harassment and discrimination. As such, they represent a barrier to achieving better diversity and representation in the engineering profession. In one UK study, NDAs were found to have negative mental health impacts on 93% of those signing NDAs in cases of misconduct or harassment. Negative mental health impacts are documented in a recent study from Stanford University. The UK Department for Business Energy & Industrial Strategy (BEIS) stated that NDAs that prevented grievance or the disclosure of wrongdoing often resulted in extreme feelings of isolation and mental health problems. (CBMS) This misuse of NDAs violates the first fundamental canon of engineering ethics, to hold paramount the safety, health and welfare of the public.

A recent study at Penn State U. showed that both employers and employees were unaware of state legislation in New Jersey restricting NDAs (although attorneys on both sides were very aware). This points out a need for more education of students and the public on NDAs.

Universities are invited to sign the pledge in order to prepare the next generation of leaders to operate ethically and transparently, create healthy workspaces and educate both students and the public.