Page 17 - Briefcase Volume 37 Number 2

BRIEFLY

NOTED

JOB EXIT RESTRICTIONS HINDER
EQUALITY, FRANKEL LECTURE

SPEAKER SAYS
An employment and labor law expert outlined how non-disclosure
agreements, non-compete clauses and similar measures hurt equality
and innovation in the workplace at the Houston Law Review’s 24th
Annual Frankel Lecture in November. JUVENILE & CHILDREN’S
Orly Lobel, Warren Distinguished Professor of Law at the University
of San Diego School of Law, served as the lecture’s keynote speaker in ADVOCACY PROJECT
her presentation, “Exit, Voice & Innovation: How Human Capital Law
Impacts Equality (& How Inequality Hurts Growth).” LAUNCHES ONLINE RESOURCE
“If an employee believes her organization is failing, she can take action
using one of two strategies: exit -leaving the company - or voice ENCOURAGING STUDENTS’
-striving to bring change from within,” Lobel said. “In employment,
non-disclosure agreements, non-compete agreements, innovation RIGHTS AND SCHOOL SAFETY
assignment clauses, non- Along with several partner organizations, the University of Houston
disparagement agreements, Law Center’s Juvenile & Children’s Advocacy Project introduced an
mandatory arbitration and online School Discipline Kit in November.
secrecy policies all create exit
constraints. The purpose of the School Safety and Policing Toolkit is to equip
“They also silence employees, students, caregivers, educators, policy makers, and advocates with tools
to understand the impacts of the policies and systems that result in
inventors, creators and students being policed and criminalized in their schools. The toolkit
entrepreneurs from speaking includes information on what makes a school safe, police in schools,
up and from expressing
themselves creatively.”
Commentators included
Orly Lobel of the University
of San Diego School of Law Lisa Larrimore Ouellette,
served as the keynote speaker Associate Professor of Law
of the 24th Annual Frankel and Justin M. Roach, Jr.
Lecture. Faculty Scholar at Stanford
Law School, and Todd Rakoff,
Byrne Professor of Administrative Law at Harvard Law School.
Rakoff agreed with Lobel’s claim that restrictive agreements harmed
employee liberty, but argued that this fell short of actionable protecting students’ rights, students with disabilities and answers to
discrimination. a variety of questions parents or caregivers may have if their child is
“Professor Lobel and I agree on what should be done, but maybe we vary facing discipline in the educational system.
on why it should be done,” Rakoff said. “There is certainly a claim that “This toolkit will help parents and students in navigating the
covenants not to compete work out to have unequal results. But is it a complexities of school disciplinary proceedings,” said Christina Beeler, a
claim of discrimination?” JCAP staff attorney and Equal Justice Works Fellow.
In her commentary, Ouellette said that some companies that use non- “Sixty percent of Texas students will experience some form of
disclosure agreements can be resistant to accountability and a change in exclusionary discipline by the time they graduate from high school, so
culture, and can potentially create a hostile work atmosphere. it’s very important for families to have access to this information and to

“Many of the claims that have emerged through the #MeToo Movement know that students have rights.”
have been hidden by NDA protected settlement agreements and The toolkit was created as a partnership with Texas Appleseed, Disability
mandatory arbitration,” Ouellette said. “Lack of transparency Rights Texas and the Earl Carl Institute. Pro bono support came from
about these claims may have allowed harassers to continue in their Latham & Watkins LLP. It can be accessed at http://makemyschoolsafe.
employment and contributed to hostile work environments in which org/.
women did not feel welcome or comfortable and making them less likely
to join or remain at these firms.”

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