STORY 53

My story in short version:

I was employed by a large health care research and development corporation for nearly ten years. The termination of my contract was a consequence of my reporting on sexual harassment I was subjected to by my manager.

According to the company’s ethical rules, there is zero tolerance for the type of incidence that I was exposed to, and employees are encouraged to report concerns without fear of reprisal.

The NDA:

Three months after my report, I was summoned to a meeting. I didn’t receive advance information about the agenda. In the meeting I was presented with the following fait accompli: there was no position for me in [the company], my work task in my department was removed from me. I had just applied for another position in a different department, and I was told that there were no possibilities for me there either. I was then presented with an NDA that I didn’t want, and  on Friday afternoon I was given a deadline of Monday afternoon to sign. I contacted several managers, but no one would talk with me. I was only referred to the deadline for the NDA. In the end, after a short conversation with Managing Director, I signed the NDA.  I stated that I was very disappointed over the outcome of the meeting, and that I didn’t perceive this as an offer. I was then accused of solely being after the money. He proposed to me that I either choose the NDA or continue with the company on sick leave.

After few days I contacted the company’s European headquarters through its “Integrity” line. And I also contacted  the CEO of the company in the UK.

The Managing Director of my branch of the company then called to tell me that he was informed about my dialog with the top management. I told him that this was not about the money, but about ethical behavior.

Several days later I received a letter from the company indicating that the NDA was being terminated.

The equality and Anti- Discrimination Ombuds

I sought help from the public anti-discrimination ombuds. They took two years and five months on this case. I lost on all issues. They said  (translation):

“[We] understand that [the complainant] did not want an NDA. However, this does not prove that she was exposed to retaliation.  Offering an NDA can be a solution for the employee and employer in a difficult situation where there is agreement that [the present employment situation] does not work. [We] agree that [the company] should [have} notified her that they prepared an NDA before the meeting, so she [would have] had the opportunity to bring a lawyer to the meeting.” 

“[We have], after an overall assessment, come to the conclusion that no circumstances have been referred to that give reason to believe that there is a causal connection between the notification of sexual harassment and the fact that she was offered an NDA”.

Court:

I took the case on my own to court. I did not have money in case I lost, and I risked being charged for both the company’s and my own legal costs.

I also lost in the court, and the judge said that this case must have been a strain for the management of the company. I was ordered to pay the company’s legal costs which I did with a consumer loan.

By doing my duty as a loyal employee to notify the company about sexual harassment it eventually became a battle for my own job.

Conclusion: the legal system in my country supported the company in use of NDA’s in matters of sexual harassment.