Apple won't make NDA exceptions for workplace harassment cases
A group of Apple shareholders is pressuring the company to exempt harassment and discrimination from employee nondisclosure agreements -- and the company is refusing the demands.
Credit: Laurenz Heymann/Unsplash
Earlier in September, a group representing Apple shareholders passed a resolution pressuring the company to make changes to its employment and non-disclosure agreements. Specifically, the group, which put forth a shareholder resolution Friday, wants Apple to make cases of workplace harassment and discrimination exceptions to the NDAs.
"Apple wisely uses concealment clauses in employment agreements to protect corporate information, such as intellectual capital and trade secrets," reads a proposal submitted to the Board of Directors. "However, Apple has not excluded from these clauses their workers' rights to speak openly about harassment, discrimination and other unlawful acts."
The proposal comes after the shareholder group asked Apple to except harassment and discrimination from its NDAs. The group told The Verge that Apple's lawyers refused the change, stating that the exceptions were already covered in Apple's Business Conduct Policy.
In recent months, some Apple employees have pointed out how the company's secrecy culture makes it difficult to discuss working conditions or wages at the Cupertino tech giant.
The proposal states that concealment clauses -- employment agreements that contain arbitration, nondisclosure, or non-disparagement elements -- are bad for the company's business because they don't allow shareholders to be confident in their knowledge of Apple's workplace.
"Investors have reason to be concerned with Apple, where allegations that the company retaliated against employees complaining of discrimination and potential labor law violations have led workers to organize under the banner #AppleToo," the group said.
Nia Impact Capital owns 38,921.34 shares of Apple, worth about $6 billion.
If Apple doesn't make the change voluntarily, then the resolution may go to a vote at the next shareholder meeting.
Read on AppleInsider
Credit: Laurenz Heymann/Unsplash
Earlier in September, a group representing Apple shareholders passed a resolution pressuring the company to make changes to its employment and non-disclosure agreements. Specifically, the group, which put forth a shareholder resolution Friday, wants Apple to make cases of workplace harassment and discrimination exceptions to the NDAs.
"Apple wisely uses concealment clauses in employment agreements to protect corporate information, such as intellectual capital and trade secrets," reads a proposal submitted to the Board of Directors. "However, Apple has not excluded from these clauses their workers' rights to speak openly about harassment, discrimination and other unlawful acts."
The proposal comes after the shareholder group asked Apple to except harassment and discrimination from its NDAs. The group told The Verge that Apple's lawyers refused the change, stating that the exceptions were already covered in Apple's Business Conduct Policy.
In recent months, some Apple employees have pointed out how the company's secrecy culture makes it difficult to discuss working conditions or wages at the Cupertino tech giant.
The proposal states that concealment clauses -- employment agreements that contain arbitration, nondisclosure, or non-disparagement elements -- are bad for the company's business because they don't allow shareholders to be confident in their knowledge of Apple's workplace.
"Investors have reason to be concerned with Apple, where allegations that the company retaliated against employees complaining of discrimination and potential labor law violations have led workers to organize under the banner #AppleToo," the group said.
Nia Impact Capital owns 38,921.34 shares of Apple, worth about $6 billion.
If Apple doesn't make the change voluntarily, then the resolution may go to a vote at the next shareholder meeting.
Read on AppleInsider
Comments
This will be another in a long series of tests that Tim Cook will have to face to prove he’s worth his pay. And good luck.
"Apple won't make NDA exceptions for workplace harassment cases"...
Until they do.
Absolutes: When it absolutely, positively, might, possibly, almost be the case... until it isn't.
- I am sorry about the text size... copy-paste fail. LOL -
And no one is asking Apple to disclose anything, they're asking Apple to release people from their NDA commitment, which they can certainly do.
In this case these activist want Apple not to use NDA when they settle with someone about any sort of harassments claims or other bad activities that may happen. If you file a claim against the company and they choose to settle with you and as part of that settlement is you get money and are required to sign an NDA on what happen. Apple does not have to give up the requirement for and NDA in this case. If someone wants to speak out against Apple and what happen to them they are free to do so, but they can not take the money or sign the NDA. Just walk out and tell everyone your story the company can not stop you, however, you better have all your fact straight, because if you say something which is libel you could find yourself in world of hurt.
This is the problem, people want to make a claim, then collect money for what happen because the feel they were wrong and want compensated and then tell everyone what happen and take down the company and others. If people feel that strong about what happen and think it should be known, then quit the job, do not pass go and collect $200 and feel free to tell anyone you like and file your claim in court and fight it out in public so it fully document for the world to see. Most people rather take the month and sell out their so call principles and do not care if someone else is hurt behind them.
Once Gov. Newsome signs the "Silenced No More Act," discussing racial discrimination won't be prohibited. Apple should have agreed to this as being stubborn will only give itself a bad rap.
If Apple Legal is incorrect, or is perceived by this investor group to be incorrect, further waves will be made.
Good thing Jobs isn't around. The man had a gift for eviscerating people.
The law simply does not permit a company to shut employees up about the company's illegal activities.
At least, not here in Kentucky. Maybe California is backwards in that respect, I don't know.