Managers and executives are very aware of employment law.
An insurance company I once worked at had a spreadsheet of equations which determined the cost of complying with various employment laws. Where the estimated cost of compliance was greater than the estimated losses, including NDAs and settlements, they simply chose not to comply with it.
Obviously, there were never any reproducable documents regarding such practices - the spreadsheet could be viewed in terms of a reminder tool of the cost of disobeying the law, as opposed to a tool to decide if they should.