Sealing sexual harassment
Bridgewater covered up several incidents of sexual harassment over the years, according to “The Fund,” various news reports and documents. In many of those cases, McCormick played something of a “henchman” with a “pretty face,” according to the junior employee.
In addition to Stefanova, another Bridgewater employee complained about a male colleague who made her uncomfortable and cornered her in a conference room late one evening, according to “The Fund.” In another incident, her boss asked her to mark a calendar of the dates she and a coworker she was dating had sex as part of an investigation into her coworker.
That woman was offered a severance but had to sign an NDA as part of the deal. As she prepared to leave, McCormick told her, according to “The Fund,” “she would be in litigation for the rest of her life” if she told anyone about the experience.
In 2017, the Wall Street Journal reported that another woman was pushed out after it was revealed that she was having a consensual relationship with McCormick’s co-CEO Greg Jensen, a married father of three. The company eventually paid the woman a settlement and she was also bound by an NDA.
In the aftermath of the #MeToo movement, Congress passed – and President Joe Biden signed – a federal law the prohibits the enforcement of non-disclosure agreements in instances of sexual assault and harassment.
“To the extent that there are people within the Bridgewater organization who are subject to an NDA that would like to speak about harassment in the workplace, that NDA is unenforceable under federal law,” David Hoffman, a professor at University of Pennsylvania Carey Law School.
However, Hoffman told WHYY News that such NDAs have a “chilling effect” on those who sign them and referred to a University of Michigan study that showed employees tend to believe that such contracts are enforceable even when they are not.
“People generally think that what’s written in a contract is enforceable regardless of whether or not they have actual legal authority to talk or not,” Hoffman added. “So often the advice is go to a lawyer, get the lawyer to give you some counsel, but lawyers are expensive.”
Nancy Erika Smith, an employment lawyer based in New Jersey who often represents women discriminated against in the workplace, says NDAs should not be used to force women to keep quiet about incidents they suffered.
“It’s an additional victimization,” she said. “It’s not even just silencing women, it’s having the person who victimized you follow you around in your life, waiting for you to say the wrong thing so that that same person, that perpetrator can victimize you again.”
Smith and some Democrats in the state have called on McCormick and Bridgewater to release their former employees from the NDAs so they can speak freely about their experiences.
The former executive told WHYY News that NDAs make sense as a way to protect the intellectual property and proprietary advantage that any organization has but that Bridgewater, in his experience, goes too far.
“You wouldn’t want people in any organization going out and talking about what’s your secret sauce or anything like that,” he said. “My opinion is the NDAs at Bridgewater were closer to creating a code of silence because they seem to apply so strongly and so strictly even to people in areas not even remotely involved in trading or trade secrets or client base trading algorithms.”
He added that Bridgewater required employees to regularly reaffirm their signatures on revised NDAs.
‘What did you know?’
The former executive added that, while “The Fund” is an “accurate portrayal” of what happened at the firm, it only scratches the surface, even referring to “frat house behavior” at off-site company parties.
McCormick, as the company head, would have been aware of most of it, according to the executive.
“It’s just a logical inference to say he had to have known a lot of what was going on,” he said. “In fact, even things probably aren’t even in [the book] because they were so closely held.”
Making a parallel with the Watergate Commission, he says he would ask McCormick “What did you know and when did you know it and what did you do?”
The former executive also points out that it’s conspicuous that women who held important roles at Bridgewater aren’t responding to the reports about how he managed Bridgewater.
“If David was that good to women in the workplace, wouldn’t you be hearing it from some really significant players?” he asks. “You would be hearing it from top leadership as well as rank and file and we didn’t, and you’d be hearing it from people that worked a lot closer with him?”
The executive added that he knows other employees who sought therapy to treat anxiety or depression.
“A lot of psychic damage was done,” he said.
The executive said he wasn’t surprised McCormick ran for office and that he and other members of the staff would joke about how McCormick was using Bridgewater to build up a war chest to make his bid. However, he added, McCormick should speak to events at Bridgewater, including the hedge fund’s relationship with China and Russia.
“I’m not saying he’s a bad man,” the executive said. “I’m simply saying, ‘What’s your stance?’ Let it be known If you’re running for office, everyone has a right to know what’s your stance on these items.”
WHYY News reached out to Stefanova and other alleged victims identified in “The Fund” and other sources but none have responded.