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ARTICLE · 24 JULY 2023

D.C. Circuit Holds Contractual Clause Directing Non-Disparagement Implies Employer Itself Cannot Disparage

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The D.C. Circuit recently held that a "Mutual Non-Disparagement" clause requiring an employer to "direct" its employees not to disparage a former employee could reasonably...

United StatesLitigation, Mediation & Arbitration
Cathryn M. Johns
Cathryn M. Johns
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The D.C. Circuit recently held that a "Mutual Non-Disparagement" clause requiring an employer to "direct" its employees not to disparage a former employee could reasonably be interpreted as prohibiting the employer itself from making disparaging statements.

In Wright v. Eugene & Agnes E. Meyer Foundation, Dr. Terri Wright, a former employee of the Eugene and Agnes E. Meyer Foundation (the "Foundation"), filed suit against the Foundation after discovering its CEO, Nicola Goren, had made disparaging statements about her.

The Foundation hired Wright in early February 2018 as its Vice President of Program and Community. During Wright's tenure, Goren criticized her "interpersonal skills" and identified "communication issues." In October 2019, Goren fired Wright, citing the same concerns. Wright believed these alleged issues were pretextual, but to attempt to avoid litigation, she entered into a Severance Agreement with the Foundation. The Severance Agreement

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