Is it "disparaging" to say "Karma is a bi**h"?

Riddle me this:

Employee sues her boss for sexual harassment. Case settles for $127,500, and she has to agree to confidentiality and non-disparagement.

About nine years later, boss becomes an internet pariah for allegedly poaching a beautiful and beloved lion in Zimbabwe. Somebody in the media finds out about the sexual harassment settlement (how'd they do that, if it was confidential?). Media rep contacts ex-employee, who says that her lawyer has told her she can't talk about the settlement, but . . .!

She does say this:

"You know I only keep in contact with a couple of people there [at boss's office] and neither of them really want to be part of this . . .. They don't want to be a part of who he's become."

"I have actually already been told by my lawyer that I can't say anything."

"This is huge isn't it? It's amazing how big this has become. Karma is a bitch - that's all I have to say."

If the boss ever comes out of hiding, can he sue his ex-employee to get his $127,500 back?

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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