NDAs, Animal Welfare, and Free Speech: Where Should the Line Be?
After reading an attorney’s article about NDAs, non-disparagement agreements, and recent NLRB decisions, I keep coming back to what feels like an imbalance.
If an employee or volunteer speaks out about how they were treated or raises concerns about how animals in an organization’s care are being treated they can end up facing lawsuits, legal threats, or claims that they violated an NDA or non-disparagement agreement.
At the same time, organizations often seem able to publicly criticize or discredit former employees or volunteers with far fewer consequences.
Another question I have is: how are these lawsuits being funded? Litigation is incredibly expensive. If a nonprofit is bringing multiple lawsuits, should there be more transparency about where the money is coming from and whether donor funds are being used for litigation instead of the organization’s mission?
Where do you think the balance should be between protecting an organization’s reputation and protecting someone’s ability to speak about their own experiences or raise concerns about animal welfare? And should nonprofits be more transparent about how legal actions are financed?