The Louisiana House of Representatives approved Monday a bill that would ban the state from keeping victims of sexual harassment silent in settlements involving public funds.
The House voted 91-0 without discussion to advance HB197, by state Rep. Franklin Foil, R-Baton Rouge, sending it to the Senate for consideration.
"I felt like if you use public money to settle a sexual harassment case, a victim should have the right to speak out," Foil said, adding a constituent requested he file the bill.
Foil's proposal would ban the practice of using non-disclosure agreements to silence victims in sexual harassment or sexual assault cases that are settled with public funds. The ban would apply to cases where the claim is made against a state official or agency.
Louisiana spent nearly $35,000 on private attorneys to respond to the sexual harassment lawsuit against former Secretary of State Tom Schedler…
At least two high-profile state officials in Louisiana have resigned in recent years after being accused of sexual harassment, becoming the state's most visible casualties of the national #MeToo movement.
In one of those cases, against former Secretary of State Tom Schedler, a non-disclosure agreement was included in the settlement.
Another case involving Johnny Anderson, an aide to Gov. John Bel Edwards, included a non-disparagement clause.
In 2017, Anderson, a top deputy to Edwards, resigned after allegations were made public that he had harassed a woman he supervised. As part of a settlement agreement, the state promised $85,000 in public funds to the woman, and Anderson denied the allegations.
Last year, Schedler, then secretary of state, resigned amid allegations he repeatedly sexually harassed a woman in his office over a period of several years. The state settled, paying $167,500 to the woman and keeping anyone involved with the case from talking about it.
Schedler was not required to admit liability as part of the settlement.
Those two cases helped spur lawmakers to take a look at the state's sexual harassment policies and laws. An audit in 2018 also found the state has spent more than $5.1 million on at least 84 lawsuits involving sexual harassment claims in the past decade.
Last year, the Legislature passed laws requiring state agencies to adopt policies surrounding sexual harassment and requiring public servants to undergo anti-harassment training each year.
Speaking on his "Ask the Governor" radio show last week, Edwards called the Anderson case "regrettable." Asked about the non-disparagement clause included in the case, Edwards only said it didn't include a non-disclosure agreement.
U.S. Sen. John N. Kennedy, a Madisonville Republican, has chimed in on the issue, calling for an end to non-disclosure agreements in such settlements and saying they "create a country of creepy old men."
"They protect sexual predators," Kennedy wrote in a letter to the editor earlier this month. "It's time to banish them from the government workplace."
If you’ve wondered how Hollywood megaproducer Harvey Weinstein was able to act like a disgusting pig for decades before he was reined in, I ca…
Last week, Kennedy said in a statement that Foil's bill would allow "nondisparaging remarks' agreements," calling it a loophole in the proposal.
"This is a mockery and a disservice to victims," he said. "By allowing ridiculous loopholes like this, we encourage violators who cover up their sins and pay their victims with taxpayer money.”
Foil said he thinks his legislation does what it is intended to do, and said Kennedy has not reached out to him about his bill.