{"id":75609,"date":"2023-11-09T16:11:49","date_gmt":"2023-11-09T21:11:49","guid":{"rendered":"http:\/\/www.bu.edu\/cas\/?post_type=r_cas_magazine&#038;p=75609"},"modified":"2023-11-27T14:31:31","modified_gmt":"2023-11-27T19:31:31","slug":"saying-the-quiet-part-out-loud","status":"publish","type":"r_cas_magazine","link":"https:\/\/www.bu.edu\/cas\/arts-sciences\/2023\/saying-the-quiet-part-out-loud\/","title":{"rendered":"Julie Roginsky&#8217;s Quest to End NDAs"},"content":{"rendered":"<p class=\"byline\">By Alene Bouranova | Photos by Stephanie Cowan<\/p>\n<p>There are many things that Julie Roginsky can\u2019t tell you.<\/p>\n<p>For example, the political consultant, onetime TV commentator, and <a href=\"https:\/\/liftourvoices.org\/\">Lift Our Voices<\/a> cofounder can\u2019t tell you what circumstances prompted her to file a lawsuit alleging sexual harassment and retaliation at Fox News. Roginsky (CAS\u201995, GRS\u201995) can\u2019t say how the suit was resolved, or whether her portrayal in the film about Fox News CEO Roger Ailes\u2019 downfall, <em>Bombshell<\/em>, is accurate.<\/p>\n<p>The reason Roginsky can\u2019t disclose any of the above? Three letters: NDA.<\/p>\n<p>NDAs, or nondisclosure agreements, are legal contracts that forbid individuals from discussing particular information. They\u2019re often intended to prevent employees from revealing confidential information, such as campaign strategies or trade secrets. But they can also be used to silence workers, keeping them from reporting misconduct and harassment. When she settled with Fox News in 2017, Roginsky signed an NDA that limited her ability to tell her story.<\/p>\n<p>What Roginsky <em>can<\/em> tell you is this: through Lift Our Voices, she\u2019s working damn hard to ensure that NDAs never hurt another American worker again.<\/p>\n<h2>A Legal Solution<\/h2>\n<p>According to Lift Our Voices (LOV), the nonprofit organization Roginsky cofounded with journalist and fellow Fox whistleblower Gretchen Carlson, about one-third of American workers are bound by NDAs.<\/p>\n<p>Carlson was the first woman to sue Ailes, in 2016. In their respective lawsuits, she and Roginsky alleged workplace retaliation after turning down Ailes\u2019 sexual advances. Both signed NDAs as a term of settlement with Fox. Soon after, several organizations sprang up amid the #MeToo movement that were dedicated to helping survivors of sexual assault and misconduct\u2014but nobody was focused on NDAs, which kneecap survivors. \u201cEven when people blow the whistle about what happened to them, predators know they\u2019ll be protected,\u201d Roginsky says. \u201cThe company can say whatever it wants. It\u2019s just the survivors who can\u2019t.\u201d<\/p>\n<p>She and Carlson founded Lift Our Voices in 2019. Its goal: eradicating the concealment clauses in NDAs that prevent people\u2014primarily those from marginalized groups\u2014from speaking about toxic workplace experiences.<\/p>\n<p>LOV has already helped pass NDA bans in Washington State, California, and New Jersey. \u201cState laws can have tremendous impact,\u201d Roginsky says. When Microsoft was forced by law to eliminate NDAs at its Washington headquarters, the company decided to get rid of them nationwide. Apple went further when NDAs were banned in California, eliminating them worldwide.<\/p>\n<blockquote><p>If you can change the law, you\u2019ll be instrumental in making sure we have a more respectful culture for everybody that lasts well beyond your lifetime. I hope this will change the trajectory for many generations to come.<\/p>\n<p class=\"byline\">Julie Roginsky<\/p>\n<\/blockquote>\n<p>Plus, LOV has helped pass two pieces of landmark federal legislation. The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, signed into law in March 2022, gives survivors the right to file a claim in a court of law, even if their employment contract contains a mandatory arbitration clause. The Speak Out Act, signed into law in December 2022, prohibits the use of predispute NDAs and nondisparagement agreements for both survivors and witnesses of sexual harassment and assault. Other LOV initiatives include mobilizing college student advocates and sponsoring research on workplace discrimination.<\/p>\n<p>For Roginsky, watching lawmakers coalesce behind legislation is immensely gratifying. \u201cIronically enough, changing laws\u2014even in this hyperpartisan environment\u2014is easier than changing cultures,\u201d she says. \u201cIf you can change the law, you\u2019ll be instrumental in making sure we have a more respectful culture for everybody that lasts well beyond your lifetime. I hope this will change the trajectory for many generations to come.\u201d<\/p>\n<h2>Dream Job\u2014Until It Wasn\u2019t<\/h2>\n<p>Long before founding Lift Our Voices, Roginsky studied political science at CAS. She headed to Capitol Hill as soon as she graduated and soon discovered her true passion: running campaigns. She worked for EMILY\u2019s List, a political action committee dedicated to electing Democratic women to office, then spent several years managing national campaigns in addition to a stint as a Senate press secretary. In 2002, she launched her own political consulting shop, Comprehensive Communications Group.<\/p>\n<p>In 2004, she received a call from a friend asking her to fill in for him on a Fox News show. Thus began regular appearances as a pundit on Fox, MSNBC, and CNBC. But the real goal was a full-time gig at Fox News.<\/p>\n<p>\u201cRegardless of his shortcomings, [Ailes] really was a genius at television,\u201d Roginsky says. \u201cI told my agent that if I\u2019m going to continue to do TV, I want to learn from the best.\u201d Her agent\u2019s response? Laughter. \u201cHe said, \u2018You\u2019re neither blonde nor a Republican; Roger Ailes will never hire you.\u2019\u201d She fired her agent.<\/p>\n<p>Roginsky talked her way into a meeting with Ailes and joined Fox News as a full-time contributor in 2011. The job was great\u2014until it wasn\u2019t. Six years after being hired, Roginsky filed a lawsuit against the man she had once hoped to learn from. It was the end of her career in television.<\/p>\n<figure id=\"attachment75610\" aria-describedby=\"caption-attachment75610\" style=\"width: 1210px\" class=\"wp-caption alignright\"><img loading=\"lazy\" src=\"\/cas\/files\/2023\/11\/Julie-Roginsky_004.jpg\" alt=\"Gretchen Carlson &amp; Julie Roginsky standing side by side in an office setting\" width=\"1200\" height=\"1580\" class=\"size-full wp-image-75610\" srcset=\"https:\/\/www.bu.edu\/cas\/files\/2023\/11\/Julie-Roginsky_004.jpg 1200w, https:\/\/www.bu.edu\/cas\/files\/2023\/11\/Julie-Roginsky_004-483x636.jpg 483w, https:\/\/www.bu.edu\/cas\/files\/2023\/11\/Julie-Roginsky_004-778x1024.jpg 778w, https:\/\/www.bu.edu\/cas\/files\/2023\/11\/Julie-Roginsky_004-768x1011.jpg 768w, https:\/\/www.bu.edu\/cas\/files\/2023\/11\/Julie-Roginsky_004-1167x1536.jpg 1167w, https:\/\/www.bu.edu\/cas\/files\/2023\/11\/Julie-Roginsky_004-755x994.jpg 755w, https:\/\/www.bu.edu\/cas\/files\/2023\/11\/Julie-Roginsky_004-320x421.jpg 320w, https:\/\/www.bu.edu\/cas\/files\/2023\/11\/Julie-Roginsky_004-620x816.jpg 620w\" sizes=\"(max-width: 1200px) 100vw, 1200px\" \/><figcaption id=\"caption-attachment75610\" class=\"wp-caption-text\">Roginsky (right) and Gretchen Carlson cofounded Lift Our Voices with the hope that future victims won\u2019t be silenced by nondisclosure agreements.<\/figcaption><\/figure>\n<h2>The Darkest Day<\/h2>\n<p>The aftermath of the lawsuit was chaotic. Roginsky was thrust into the spotlight. She even had to stop dropping her son off at preschool to avoid his picture ending up in tabloids, she says.<\/p>\n<p>The experience sent her reeling. \u201cThat was really the first massive setback in a very charmed career,\u201d Roginsky says. Unfortunately, it would get worse before it got better.<\/p>\n<p>Her contract with Fox had allowed her to continue her political consulting work. Throughout 2017, she\u2019d been advising a client running for the New Jersey governorship. Soon after she filed her lawsuit against Ailes and Fox, she says, several young women working on the campaign came to her with allegations of misconduct and mistreatment by high-ranking campaign officials. She reported their accounts to the candidate, Phil Murphy, who would go on to win the governorship. Within 48 hours of that conversation, she claims, he fired her.<\/p>\n<p>Then his attorneys reached out. They told her she was bound by an NDA, which she had assumed only applied to proprietary campaign information. \u201cBut it turned out it was so broad that I could not discuss anything at all, with anybody whatsoever,\u201d Roginsky says. She couldn\u2019t tell anyone why she was fired\u2014nor could she warn remaining staffers of predatory behavior. (Murphy challenged her version of events and denied that staffers were forbidden from sharing nonproprietary information.)<\/p>\n<p>About a year later, she received a call from a female staffer who said she\u2019d been sexually assaulted by a campaign aide. That was \u201cthe darkest day of my career,\u201d Roginsky says. \u201cLawyers were constantly threatening me with litigation if I were to break my NDA. I couldn\u2019t tell her that she wasn\u2019t alone, and I couldn\u2019t warn her what would happen if she blew the whistle.\u201d<\/p>\n<p>In 2020, Murphy\u2019s campaign settled with the former staffer, Katie Brennan, over her allegations that the campaign mishandled her assault when she reported it, and then tried to use a confidentiality agreement to silence her. (The aide she accused denied the assault accusations, and Murphy denies any wrongdoing by his campaign.) Under public pressure, the governor also freed Roginsky and other former staffers from NDAs.<\/p>\n<p>The Speak Out Act was inspired by those events. \u201cIf that law had been in existence, nobody would have been able to prevent me from telling that survivor what I experienced on that campaign,\u201d Roginsky says. \u201cI call it the Katie Brennan Act.\u201d<\/p>\n<h2>The Best Disinfectant<\/h2>\n<p>So much of Roginsky\u2019s story is about a woman working fiercely to take back her narrative\u2014but that\u2019s a privilege many don\u2019t have.<\/p>\n<p>Standing up to powerful people\u2014and their lawyers\u2014requires money and connections. Even with those, reparative efforts can fail. The unfair playing field is why many survivors of workplace misconduct never see justice for their abusers.<\/p>\n<p>Through LOV and her podcast, <a href=\"https:\/\/podcasts.apple.com\/us\/podcast\/retaliation-with-julie-roginsky\/id1644423888\"><em>Retaliation<\/em><\/a>, Roginsky has talked with thousands of survivors. \u201cThey just want to show up for work, do their job, and go home,\u201d she says. \u201cImagine having a traumatic incident happen to you and you can\u2019t talk about it with anyone\u2014not even your therapist.\u201d<\/p>\n<p>\u201cSunlight is the best disinfectant\u201d was a phrase often cited at the height of #MeToo. It\u2019s a philosophy she believes in wholeheartedly: the more we can talk about our toxic experiences, the more we can hold perpetrators accountable, she says. And she\u2019ll never stop fighting for everyone\u2019s right to a chance in the sun.<\/p>\n<p>\u201cI have an 11-year-old son. He was four when everything happened to me,\u201d Roginsky says. \u201cHe saw that something happened to his mom that really rocked her world, in a very bad way.<\/p>\n<p>\u201cI decided that was not going to be the narrative he was left with,\u201d she says. \u201cThe narrative is going to be: something bad happened to my mom, and she wouldn\u2019t stop until she fixed it for everybody else.\u201d<\/p>\n<hr \/>\n<p><a href=\"https:\/\/www.bu.edu\/cas\/arts-sciences\/2023\/\" class=\"button-primary\">Back to full issue<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Alum, Fox whistleblower, and cofounder of Lift Our Voices, is freeing workers from the silencing effects of nondisclosure agreements<\/p>\n","protected":false},"featured_media":75611,"template":"","department":[],"_links":{"self":[{"href":"https:\/\/www.bu.edu\/cas\/wp-json\/wp\/v2\/magazine-articles\/75609"}],"collection":[{"href":"https:\/\/www.bu.edu\/cas\/wp-json\/wp\/v2\/magazine-articles"}],"about":[{"href":"https:\/\/www.bu.edu\/cas\/wp-json\/wp\/v2\/types\/r_cas_magazine"}],"version-history":[{"count":8,"href":"https:\/\/www.bu.edu\/cas\/wp-json\/wp\/v2\/magazine-articles\/75609\/revisions"}],"predecessor-version":[{"id":76010,"href":"https:\/\/www.bu.edu\/cas\/wp-json\/wp\/v2\/magazine-articles\/75609\/revisions\/76010"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.bu.edu\/cas\/wp-json\/wp\/v2\/media\/75611"}],"wp:attachment":[{"href":"https:\/\/www.bu.edu\/cas\/wp-json\/wp\/v2\/media?parent=75609"}],"wp:term":[{"taxonomy":"r_cas_department","embeddable":true,"href":"https:\/\/www.bu.edu\/cas\/wp-json\/wp\/v2\/department?post=75609"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}