Last summer, when we made a statement about Our Zero Tolerance Policy On Sexual Harassment, a number of people asked us to publicly release our formal policy. We wanted to take our time and make sure we covered as many different elements of the issue as we could. We’ve done that, and as part of #MovingForward we’ve made the Foundry Group Sexual Harassment Policy public.
Among other things, we’ve tried to address the issue of non-disparagement clauses. We’ve come to the conclusion that they should be excluded from agreements, and are encouraging our portfolio companies and the funds we invest in to do so as well. Following is the specific section about non-disparagement clauses from our Sexual Harassment Policy.
NON-DISPARAGEMENT CLAUSES. With respect to all agreements between the Company and any employee or contractor, the Company will exclude reports of sexual harassment or assault from any non-disparagement clause. In addition, the Company will encourage portfolio companies and funds to adopt a similar practice.
Please view this policy as open source. Feel free to download it and modify it for your own purposes. If you have any suggestions or feedback on ways to improve it, please email me.
Recognize that this is not legal advice from us, but merely a starting point for anything you’d like to incorporate into your policy.