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What to do if…
you are asked to sign a confidentiality agreement connected to a sexual misconduct complaint

Short answer

Don’t sign immediately. Take a copy, pause, and get independent legal advice and specialist support before agreeing to any confidentiality or non-disparagement language.

Do not do these things

  • Do not sign because you’re overwhelmed, ashamed, scared, or being told “everyone signs this.”
  • Do not accept “we’ll explain it to you” as a substitute for clear written wording you’ve read in calm time.
  • Do not assume the clause is automatically enforceable in sexual harassment/assault contexts — federal and state rules can limit what can be enforced.
  • Do not let the agreement cut you off from support or professional advice.
  • Do not store your only notes or copies on employer-controlled systems if that feels unsafe.

What to do now

  1. Ask for time and a take-home copy. Say: “I can’t sign today. I need time to review and to speak with an attorney.” If they won’t allow time, don’t sign.
  2. Identify what you’re being asked to sign (in writing). Ask: “Is this a settlement/severance agreement, an NDA, a non-disparagement agreement, or part of an internal process?” (Different rules can apply.)
  3. Scan for high-risk terms before you read the rest. Look for: “confidentiality,” “non-disclosure,” “non-disparagement,” “no cooperation,” “no contact,” “liquidated damages/penalty,” “return all documents,” and any “arbitration” language. If you see these, treat it as a “stop and get advice” moment.
  4. Know the key federal limitation on pre-dispute gag clauses (so you don’t get bluffed). Under the federal Speak Out Act, certain pre-dispute nondisclosure/non-disparagement clauses tied to sexual assault or sexual harassment disputes may not be judicially enforceable. This does not automatically make every clause harmless — it’s a reason to pause and get legal advice rather than signing under pressure.
  5. If there’s arbitration language, pause and get advice. Federal law (the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act) can affect whether sexual assault/harassment disputes must be arbitrated. Don’t sign changes to arbitration language without counsel.
  6. Make sure you are not being cut off from support or protected reporting. Many agreements cannot lawfully stop you from talking to your attorney or seeking medical care/counselling, and they should not try to stop you from contacting law enforcement if you choose. If the document is broad (“you may not discuss with anyone”) or includes “no cooperation,” don’t sign until an attorney reviews it.
  7. Get confidential, specialist support while you decide. If you want to talk without pressure, contact RAINN (National Sexual Assault Hotline/resources) for support and grounding, and to think through safe next steps.
  8. Create a private record of the signing pressure. In a safe place, note who presented the agreement, what they said, any deadlines/threats/promises, what you requested (time/copy/counsel), and what their response was.

What can wait

  • You do not need to decide today whether you’ll file a charge, sue, tell coworkers, or leave your job.
  • You do not need to negotiate the “right wording” while you’re activated — that can come after counsel.
  • You do not need to respond to “sign now or else” messaging — you can slow this down.

Important reassurance

High-pressure signing moments are meant to make you comply quickly. Taking time, asking for independent advice, and prioritising support are reasonable steps — especially when the subject is sexual misconduct.

Scope note

These are first steps to slow things down, reduce risk, and keep options open. The right next steps can depend heavily on your state, your workplace, and your safety.

Important note

This is general information, not legal advice. If you feel in immediate danger, call 911 or your local emergency number.

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