10/26/2026
What an NDA can and can't stop you saying.
Generally, an NDA can protect:
β
Trade secrets, client lists, pricing and internal processes
β
The terms and the dollar figure of a settlement
β
Business information that's genuinely confidential
Generally, an NDA can't stop you from:
β Filing a charge with the EEOC or talking to them
β Reporting illegal conduct to a government agency
β Responding truthfully to a subpoena or testifying
β Discussing your own pay and working conditions with coworkers
β Disclosing s*xual harassment or s*xual assault, under federal law
That last one is newer than most people realise and it matters.
Before you sign anything with a confidentiality clause, have it read by someone who isn't paid by the company offering it.