How did Hollywood producer Harvey Weinstein prevent allegations of sexual harassment and sexual assault from surfacing for so long? With Angelina Jolie, Gwyneth Paltrow, and others stepping forward to report their own experiences of unwanted sexual advances, the nondisclosure agreements and confidential settlements that Weinstein has used for decades are drawing increasing scrutiny.

According to a New York Times report, employees of Weinstein’s company are required to sign contracts promising not to make statements that could harm the reputation of the firm or its top executives. And when female employees have sued Weinstein for harassment, he and his company have generally settled the claims confidentially — pairing payments with a condition that the plaintiffs not talk about the details of their cases.

Is it — and should it be — legal for employers to use confidentiality provisions to keep harassment claims secret? The Weinstein scandal raises these questions in a particularly stark way, although such provisions have long been controversial.

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