I thought I had responded on this before. I am not really into role play. I don't think the situation I described was Rudin-esque. It was not one time but it was also not weekly. I think it was mostly a result of freaking out about the consequences. I think the "larger set of tools" can be a useful perspective. I want to add a few more things that are worth saying. People are talking about crimes but not everything illegal is a crime. In New York, harassment is illegal even if it is not pervasive. (The only defense available to the employer (other than denial obviously) is that the complained about action(s) were "petty slights or trivial inconveniences.”) Another interesting aspect of the current law is that confidentiality agreements do not apply to communications with an attorney or any governmental entity that has jurisdiction, and it is the employee's choice if any settlement is confidential. There's more of course, but there is zero doubt that Rudin's conduct would be proscribed and actionable. Oh and an employee can be awarded punitive damages and attorney's fees.