Private member’s bill seeks to limit the use of non-disclosure agreements in cases of harassment, discrimination
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“In sexual harassment settlements, it has been argued NDAs serve to silence victims and allow offenders to avoid public knowledge and indeed to evade full accountability,” said NDP Dartmouth South MLA Claudia Chender. “They can create a culture of silence in and around workplaces, enable the movement of predators from one environment to another, and discourage individuals from reporting crimes.”
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“Too many people who have come to Equity Watch for help have signed or will be pressured to sign a non-disclosure agreement,” explained Zainab Almukhtar, a spokesperson for Equity Watch, a group formed to tackle workplace discrimination in Nova Scotia. She attended the news conference hosted by Chender to explain the purpose of the bill.
“Simply put, NDAs amount to legal and psychological terrorism,” said Almukhtar. “They work to ensure that victims and the issues they raise are forever silenced because the legal costs can be exorbitant.”
One woman’s story
Journalists attending yesterday’s bill briefing got a first-hand glimpse of one of the difficulties posed by an NDA. A woman came forward to speak in support of Chender’s bill to limit the use of NDAs in preventing victims from speaking out. She had signed an NDA. There were tears as she struggled to control her emotions and tell her story for the first time publicly, taking care not to reveal the name of her workplace or the name of the accused so as not to break the confidentiality provisions of the NDA.
“In 2014-2015, I was the victim of multiple sexual assaults perpetrated by a work colleague. For a long time after, I struggled with my fear of bringing forward my allegations in any formal capacity. I had witnessed the public struggles of many women before me in their pursuits of accountability and I feared I would be no exception — I still do. It took me several years, but I did finally find the courage to report these incidents, first to the HRM police and then the RCMP.”
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What are the chances a bill to restrict the use of NDAs will get passed in the legislature? Chender said she has had discussions with the Department of Justice and Status of Women, and the Houston government is looking at the issue and may introduce legislation in the fall.”