Apple will no longer prohibit employees from speaking out about harassment and discrimination issues in the workplace following an independent review of the company’s non-disclosure agreement (NDAs).
(Photo : Jason McCawley/Getty Images)
SYDNEY, AUSTRALIA – SEPTEMBER 20: Crowds wait in anticipation for the Australian release of the latest iPhone models at Apple Store on September 20, 2019 in Sydney, Australia. Apple’s latest iPhone 11 features dual rear cameras, including a wide angle camera.
SYDNEY, AUSTRALIA – SEPTEMBER 20: Crowds wait in anticipation for the Australian release of the latest iPhone models at Apple Store on September 20, 2019 in Sydney, Australia. Apple’s latest iPhone 11 features dual rear cameras, including a wide angle camera.
Remove Prohibiting Clauses in Employee Contracts
Apple stated in its released statement that it will no longer prohibit employees from concealment clauses in employee contracts that prevent them from speaking out about workplace harassment and discrimination issues. These clauses were included in the company’s non-disclosure agreements for the employees.
Along with the employees, this was backed by Nia Impact Capital, the Transparency in Employment Agreements (TEA) coalition, and Silenced No More Act Co-Sponsor Ifeoma Ozoma, as confirmed by The Financial Times.
“Employees have the right to speak freely about their workplace conditions, including harassment and discrimination,” Apple said in a statement. It added that provisions could be interpreted as restricting an employee’s ability to speak out in limited instances.
As of now, The Verge reported that Apple already includes language from the Silence No More Act in separation agreements for employees in the United States.
We are thrilled to share that @Apple has released their report & is ending use of concealment clauses in employee contracts, both domestically & for international workers. Contract employees too! This is ground breaking shift for the tech industry.
— Nia Impact Capital (@NiaInvest) December 9, 2022
Nia Capital Chief Executive Officer Kristin Hull stated that the removal of concealment clauses from employee contracts will not only include full-time employees but also contract workers as well.
She said, “That is huge in itself. Then the fact that this commitment spans for US as well as international workers is also groundbreaking and should set the trend for the rest of US-based companies.”
Where It All Started
The public became aware of the company’s concealment clauses last year in November when Former Security Team Software Engineer Cher Scarlett broke her NDA as she publicized her experience through social media.
Scarlett posted evidence of harassment that she received from her co-workers. “You can shout into the void how awful you think I am. Talk with your like-minded friends and colleagues. But please stop talking about me and where I’m going to see it, especially directly to me, she stated.
I can't stress enough how exhausting and deflating it is to read this kind of vitriol.
You can shout into the void how awful you think I am. Talk with your like-minded friends and colleagues. But please stop talking about me where I'm going to see it, especially directly to me. pic.twitter.com/J0N3WEJM35— Cher Scarlett (@cherthedev) August 17, 2021
She accused Apple of engaging in coercive and suppressive activity, as the company prevented her from talking in detail about her departure as part of a separation agreement. She then became the organizer of the #AppleToo movement where hundreds of stories were shared related to discrimination, harassment, and even retaliation in the workplace.
Because of the movement and several filed petitions, the Securities and Exchange Commission was called by a group of treasurers to investigate the issue. Apple also faced an investigation by the National Labor Relations Board after employees spoke about the company’s working conditions.
