Sexual harassment is a form of discrimination prohibited under Title VII of the Civil Rights Act of 1964. Title VII does not expressly mention sexual harassment, but in 1986 the Supreme Court first recognized a sexual harassment claim. Additionally, many states expressly prohibit sexual harassment in the workplace.
Heightened attention surrounding sexual harassment due to the #MeToo movement has raised the stakes for employers to get out in front of this issue and to address sexual harassment concerns.
Blue - NDA use by private employers limited
Gray - No limits on harassment claim NDAs for private employers
Source: Bloomberg Law data
Note: Maine's law takes effect Aug. 8, 2022 Bloomberg Law
