USD School of Law Professor Orly Lobel Quoted in The Wall Street Journal about Racial Discrimination and Non-disclosure Agreements

Professor Orly Lobel Quoted in The Wall Street Journal about Racial Discrimination and Non-disclosure Agreements

Professor Orly Lobel

SAN DIEGO (November 11, 2020) – University of San Diego (USD) School of Law Warren Distinguished Professor of Law Orly Lobel was recently quoted in The Wall Street Journal in an article titled “Racial-Discrimination Settlements Usually Came With an NDA. That's Changing. Building on the attitude shift spurred by #MeToo, employees demand exit agreements permit them to speak out about their alleged discrimination, and companies reconsider confidentiality restrictions.” The article discusses potential changes to separation agreements in cases of racial discrimination, which in the past have routinely included broad confidentiality and nondisparagement agreements, often allowing companies to hide allegations of promotion discrimination, racial harassment and hostile work environments.

According to Professor Lobel, confidentiality clauses often use overarching language as part of the terms of separation. In conjunction with the threat of litigation, that is often enough to discourage former employees from speaking up, even if it would be difficult to enforce confidentiality agreements in connection to specific allegations of racial discrimination.

To read the full article by Khadeeja Safdar from The Wall Street Journal, please click here.

About Professor Orly Lobel

Warren Distinguished Professor of Law Orly Lobel's areas of expertise include Intellectual Property, Employment and Labor Law, Government Agencies, Employment Discrimination, and Regulation. She has received numerous awards in recent years, including the Thorsnes Prize for Outstanding Legal Scholarship and the Irving Oberman Memorial Award. Her two latest books have won several prestigious awards.

About the University of San Diego School of Law

Each year, USD educates approximately 800 Juris Doctor and graduate law students from throughout the United States and around the world. The law school is best known for its offerings in the areas of business and corporate law, constitutional law, intellectual property, international and comparative law, public interest law, and taxation.

USD School of Law is one of the 84 law schools elected to the Order of the Coif, a national honor society for law school graduates. The law school's faculty is a strong group of outstanding scholars and teachers with national and international reputations and currently ranks 36th nationally among U.S. law faculties in scholarly impact and 22nd nationally in past-year faculty downloads on the Social Sciences Research

Network (SSRN). The school is accredited by the American Bar Association and is a member of the Association of American Law Schools. Founded in 1954, the law school is part of the University of San Diego, a private, independent, Roman Catholic university chartered in 1949.


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