Partner Erica Nolan Testifies With Janel Grant on Connecticut NDA Reform
03/04/2026Hurwitz Sagarin & Slossberg Partner Erica O. Nolan testified before the Connecticut Labor and Public Employees Committee on March 2, 2026, in support of Senate Bill 355, legislation that would limit the use of nondisclosure agreements in cases of workplace sexual harassment and discrimination.
Testifying in her capacity as counsel for Janel Grant, a survivor of workplace sexual assault and human trafficking, Nolan urged lawmakers to pass legislation ensuring that NDAs cannot be weaponized to silence victims and shield perpetrators from accountability.
The Scope of the Problem
In her testimony, Nolan cited alarming statistics demonstrating the pervasive nature of workplace sexual misconduct:
- 81% of women and 43% of men have experienced some form of sexual harassment or assault in their lifetime
- One in three women has faced sexual harassment in the workplace during her career
- An estimated 87-94% of those who experience sexual harassment never file a formal complaint
How NDAs are USed to Silence Survivors
"For someone bound by an NDA, intimidation does not have to be loud or obvious – it can be as simple as a letter from a lawyer reminding a victim of what they signed," Nolan testified. "In Ms. Grant's case, however, the intimidation has been both loud and obvious. She has faced public retaliation, exposure of her personal information, witness intimidation, and even public mockery on national television of what she experienced."
"This is not about punishing employers; it is about protecting workers here in Connecticut," Nolan said. "NDAs are often framed as neutral tools, but when used in cases involving misconduct, they function primarily to protect the employer, not the employee."
Proposed Amendment: Removing Procedural Barriers for Survivors
In her testimony, Nolan identified a critical flaw in the current version of Senate Bill 355 that could prevent survivors from accessing justice.
As currently drafted, the bill incorporates NDA limitations into the Connecticut Fair Employment Practices Act (CFEPA), which requires employees to first file claims with the Connecticut Commission on Human Rights and Opportunities (CHRO). CFEPA carries a 300-day statute of limitations for exhausting administrative remedies—a timeline that creates significant barriers for survivors
Nolan noted that studies indicate up to 93% of individuals signing NDAs in harassment cases experience severe negative mental health consequences—mental health impacts that are further perpetuated in administrative forums.
She urged the committee to consider carving NDA-related claims out of the CHRO's jurisdiction, allowing survivors to proceed directly to court and avoid procedural barriers that often prevent claims from being heard on the merits.
"Ms. Grant was unable to bring CFEPA claims in her current lawsuit because, among other things, the Department of Justice asked her not to speak while its investigation was ongoing," Nolan testified. "By the time it became clear that the DOJ would not act within a meaningful timeframe, her deadline to file employment law claims with the CHRO had long since passed."
About Erica Nolan
Erica O. Nolan is a Partner at Hurwitz Sagarin & Slossberg, where she focuses on complex civil litigation including employment disputes, business torts, administrative proceedings, and appellate matters. Before entering private practice, Erica served as a judicial law clerk at the Connecticut Appellate Court.
Erica has been recognized as a Best Lawyers "One to Watch" in four practice areas, Connecticut Super Lawyers Rising Star for Business Litigation, and honored as a New Leader in the Law by the New England Legal Awards.