I saw a news story this morning with a headline that features several topics with which I have zero interest: ABC News, Bill O'Reilly, The View. Nevertheless, I wanted to say a few words about settlements and non-disclosure agreements (NDAs).
Bill O'Reilly is the former Fox News host who has faced multiple allegations of sexual harassment/assault. They say innocent until proven guilty, but also when there's smoke, there's fire. I don't know if O'Reilly meets or exceeds the creep level of Harvey Weinstein, but I do know that Bill (and Fox News) paid millions in settlements to women who alleged all manner of sexual misconduct.
The latest story involves a woman named Andrea Mackris who was scheduled to appear on The View today but was blocked after a temporary restraining order filed by O'Reilly's legal team was granted. In 2004, Mackris agreed to a $9 million dollar settlement with O'Reilly over alleged sexual misconduct. Part of this settlement included a non-disclosure agreement in which both parties agree not to publicly disclose details of the settlement or the case. In 2018, a federal judge ordered that the settlement agreement be made public. Mackris recently gave an extensive interview with The Daily Beast.
O'Reilly's attorney noted that after the 2004 settlement, Mackris said that "there was no wrongdoing whatsoever by Mr. O'Reilly." But Mackris told The Daily Beast that the statement was part of the NDA. "I had no choice, no way out." Mackris has also spoken out against non-disclosure agreements in general telling The Daily Beast, "I hope the days of the laws allowing silencing of women are over. I will continue to fight for my voice."
We have laws and a judicial system that's far from perfect, but it allows for cases like this to be adjudicated. Settlements are used to avoid legal proceedings and must be agreed to by both sides. No one is being forced to be silent. You don't have to take the money. You can go to trial and see how things play out. If you agreed to a $9 million dollar settlement that includes staying silent then you stay silent. If you want to tell your story, then don't agree to a settlement. Or seventeen years later you want to tell your story, ok fine, give back the $9 million.
Bill O'Reilly is the former Fox News host who has faced multiple allegations of sexual harassment/assault. They say innocent until proven guilty, but also when there's smoke, there's fire. I don't know if O'Reilly meets or exceeds the creep level of Harvey Weinstein, but I do know that Bill (and Fox News) paid millions in settlements to women who alleged all manner of sexual misconduct.
The latest story involves a woman named Andrea Mackris who was scheduled to appear on The View today but was blocked after a temporary restraining order filed by O'Reilly's legal team was granted. In 2004, Mackris agreed to a $9 million dollar settlement with O'Reilly over alleged sexual misconduct. Part of this settlement included a non-disclosure agreement in which both parties agree not to publicly disclose details of the settlement or the case. In 2018, a federal judge ordered that the settlement agreement be made public. Mackris recently gave an extensive interview with The Daily Beast.
O'Reilly's attorney noted that after the 2004 settlement, Mackris said that "there was no wrongdoing whatsoever by Mr. O'Reilly." But Mackris told The Daily Beast that the statement was part of the NDA. "I had no choice, no way out." Mackris has also spoken out against non-disclosure agreements in general telling The Daily Beast, "I hope the days of the laws allowing silencing of women are over. I will continue to fight for my voice."
We have laws and a judicial system that's far from perfect, but it allows for cases like this to be adjudicated. Settlements are used to avoid legal proceedings and must be agreed to by both sides. No one is being forced to be silent. You don't have to take the money. You can go to trial and see how things play out. If you agreed to a $9 million dollar settlement that includes staying silent then you stay silent. If you want to tell your story, then don't agree to a settlement. Or seventeen years later you want to tell your story, ok fine, give back the $9 million.
