As the 2024 presidential election approaches, many Americans are tuning in to the Republican debates, eager to learn where the candidates stand on a number of issues. Many of the issues come back to the workplace — whether people are fairly compensated, receive adequate benefits, and how much of their income is being taxed and whether it is spent wisely. But there is another issue that is intertwined with these economic concerns: the well-being of workers and the principles of justice and transparency that underpin our nation’s fiscal health.
Stories of workplace harassment, discrimination and toxicity have come to the forefront of our national conversation all too often, largely thanks to the #MeToo movement. Courageous survivors who have shared their experiences have furthered a shift toward accountability and change nationwide.
But while we have made significant progress, one third of American workers remain bound by nondisclosure agreements (NDAs) that prevent them from reporting toxic workplace issues, including discrimination, harassment and retaliation. NDAs contribute to a culture where survivors are silenced and perpetrators are protected.
In 2020, we asked candidates running in both parties to support our mission to remove these silencing mechanisms. Most of them agreed. Workplace NDAs became a major topic in that year’s Democratic presidential primary, and the national conversation surrounding them has continued. Last year, our organization played a pivotal role in the passage of the Speak Out Act, a law that bans the use of predispute NDAs in cases of sexual misconduct, which received overwhelming bipartisan support. But our work to eliminate these silencing mechanisms is far from complete.
We have recently reached out to the GOP candidates to support a ban on NDAs for toxic workplace issues. The Republican presidential primary debate in Miami offers a prime platform for the candidates to address this issue and show workers that they stand with them in their drive for greater transparency, accountability and economic empowerment.
No worker should have to be silent in the face of discrimination, retaliation and toxicity. This is a nonpartisan issue in which both parties can find common ground: a Morning Consult poll commissioned by our organization shows that a majority of Americans want the end of these NDAs in their workplaces. More than half of Republicans, including 57% of conservatives, support this proposal. The desire to opt out of such agreements is strong, reflecting a growing consensus that it is time to stop silencing victims and witnesses.
NDAs serve a legitimate purpose, safeguarding proprietary information such as intellectual property. But too many of these agreements are written so broadly that they are wielded to silence survivors and witnesses of misconduct, shielding the powerful while marginalizing the powerless.
As the Republican candidates gear up for their debate in Miami, they can lead by example. NDAs for toxic workplace issues have no place on the campaign trail, in boardrooms, on factory floors or in legislatures. Those who aspire to lead our country must take a stand for the dignity and respect of its working people, creating workplaces where everyone can thrive without fear or secrecy.
The candidates should seize this opportunity to be on the right side of history and to stand with the workers they claim to represent.
Gretchen Carlson is a journalist, bestselling author and internationally recognized advocate for women’s rights whose bold actions against workplace harassment at Fox News helped pave the way for the global #MeToo movement. Julie Roginsky is a public affairs executive and advocate of women’s rights who sued Fox News for sexual harassment and retaliation. Together, they are co-founders of the nonprofit Lift Our Voices, dedicated to eliminating forced arbitration and NDAs for toxic workplace issues.
