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Apple allegedly lied about non-disclosure agreements

Milan Jovicic by Milan Jovicic
7. February 2022 - 18:57 CET
in Apple News
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Apple nondisclosure agreements

Photo by Unsplash / Carles Rabada

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A new report claims that Apple used non-disclosure agreements against employees and then lied about them to both investors and the Securities and Exchange Commission (SEC).

Apple claims that the company does not use non-disclosure agreements (NDAs) when employees report concerns about illegal actions by the company. However, there are several reports that this is in fact the case. As a reminder, Apple employees have banded together under the slogan "Apple Too" to expose alleged discrimination and harassment in Apple's employment practices. A survey conducted by the employees revealed pay discrepancies between male and female employees, and Apple responded by banning such surveys.

Reports become a problem

The group said last summer that it had found around 500 reports of "racism, sexism, discrimination, retaliation, bullying, sexual and other forms of harassment, and sexual assault." The U.S. Department of Labor subsequently investigated Apple employees' complaints. Companies that use NDAs to hide unlawful behavior from investors, regulators, customers, and the general public are considered unethical and may even be illegal in some cases.

Did Apple abuse NDAs and lie about it?

About eight U.S. state treasurers subsequently wrote to the SEC urging it to prohibit the use of NDAs in such circumstances and to demand an investigation into the obvious falsehoods in Apple's statements on the subject.

We encourage the SEC to support efforts to eliminate the use of confidentiality clauses in employment and post-employment agreements when it comes to discrimination, harassment, and other unlawful acts. Accountability to shareholders depends on strong transparency, and that transparency must extend to workplace culture. We also request that the Securities and Exchange Commission investigate Apple's statements about its use of employment and post-employment agreements in its October 18, 2021 letter to the SEC. Multiple news reports have noted that the whistleblower documents show Apple using the very confidentiality clauses it has repeatedly claimed it does not use in an attempt to get the SEC to take no action.

The Washington Post has learned of the letter and quotes a whistleblower who directly accuses Apple of lying to the regulator. California has already banned the use of NDAs in matters related to workplace discrimination. Now seven other US states are calling on the SEC to extend this protection to employees across the US. (Photo by Unsplash / Carles Rabada)

#AppleToo documents nearly 500 cases of problems at work

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Milan Jovicic

Milan Jovicic

Milan founded Apfelpatient in 2016 and has been responsible for all editorial content since 2018 — news, rumors, guides, and product reviews. Apple devices here are not test units on loan for two weeks but everyday tools: from the iPhone through MacBook Pro, MacBook Air, and iMac to the Apple Vision Pro, at least one device from nearly every product category is in daily use, many of them replaced annually. Every menu path in a guide is verified on the device before it is published.

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