It is generally reported that NDAs can benefit victim-survivors by providing anonymity and privacy where that is the victim-survivor’s choice. However, it is also reported that power imbalances between victim-survivors on the one hand and perpetrators and employers/organisation on the other have left workers feeling they had little choice but to sign NDAs.

NDAs have had the impact of silencing victim-survivors, disguising the actions of perpetrators and covering up the prevalence of sexual harassment and other forms of gender-based violence and harassment within organisations. At times, this has enabled harassers to remain in the same workplace or move within industries and continue to engage in sexual harassment.

The focus of this submission is on the issues of transparency associated with NDAs and the impact of these agreements on public interest concerns regarding the prevention of sexual harassment and other forms of gender-based violence and harassment at work. We believe that greater transparency regarding the practices associated with settling sexual harassment claims will lead to greater accountability. This accountability should be supported by legislative reforms that mandate minimum conditions such as those set out in this submission.