U.S. Congress Introduces “The Accountability for Workplace Accountability Act”
Inspired by NFL team owner sexual abuse allegations, bill would restrict NDAs
The National Football League has been rocked by sexual abuse scandals over the years, but lately the news stories have been especially disturbing, and demonstrate the long-term damage that silencing victims can have by avoiding accountability.
As a result of a Congressional investigation by the House Committee on Oversight and Reform into conduct by the Washington Commanders, committee Chairwoman Carolyn B. Maloney has introduced a bill to curb the use of NDAs and other silencing mechanisms.
Daniel Snyder, owner of the Commanders football team, has been accused of sexual assault and harassment, multiple times, by numerous team employees, over many years, with zero accountability.
In February, Congress heard from six former employees, all of whom described various accounts of sexual abuse by Snyder, from unwanted touching, to inappropriate comments, to misuse of video shoots of cheerleaders. Of course, Snyder denies all of it.
Just yesterday, Congress released its full report, and on the same day, NFL Commissioner Roger Goodell testified before Congress, defending the league’s handling of the matter.
Congress found that as the NFL was conducting its investigation (the results of which have still not been made public), Daniel Snyder directed a “shadow investigation” to interfere with and undermine the NFL findings. According to the report, Snyder’s legal team used private investigators to harass and intimidate witnesses, and created a 100-page dossier targeting victims, witnesses, and journalists.
Perhaps Snyder could have been stopped as far back as 13 years ago.
The Washington Post reported that in 2009, an employee of the football team accused Snyder of sexually assaulting her in the back of a team private plane. But details are only being made public now thanks to the Congressional investigation.
It seems that the Commanders paid the assault victim $1.6 million as part of a legal settlement, which of course required her to keep quiet about the whole thing.
I shudder to imagine what this woman has been dealing with all these years, and now knowing so many other women have also been traumatized by sexual abuse.
All because the law allows employers to silence women victimized at work. As I reported before, some states are starting to take action to change that, mostly notably Washington State. But we need federal action to protect everyone equally.
The federal bill introduced by Congressmember Maloney (D-NY) would limit the use of NDAs by employers, but only as it relates to reporting abuses to government entities. The bill would also set specific standards around how employers should conduct investigations.
Despite these limitations, the bill’s summary contains strong language:
“Employees who choose to enter into post-dispute settlements to resolve complaints of harassment, discrimination, or retaliation in the workplace have the right to be informed about the limitations of NDAs. Employers must also be held accountable for failing to establish clear policies for reporting and fairly investigating complaints of workplace misconduct. The Accountability for Workplace Misconduct Act would establish standards for employers to protect workers and encourage them to foster workplace cultures that aim to prevent—rather than conceal— workplace misconduct.”
That last line sums it up exactly: that employers should prevent, rather than conceal, workplace misconduct.
Do you need help escaping your toxic workplace? Tips on how to avoid signing an NDA? A referral to an attorney in your area? Let me help you. Check out my coaching services here. Follow me on LinkedIn and Twitter.