The sexual abuse team at Lerners, led by Elizabeth Grace, applauds the Ontario Government's decision to engage in consultations aimed at identifying legislative options to restrict Non-Disclosure Agreements (NDAs) in the settlement of workplace sexual harassment, misconduct and violence claims. Other jurisdictions, both in and outside of Canada, already have such legislation. Ontario currently has legislation restricting the use of NDAs for sexual misconduct in post-secondary education.
Elizabeth and her team support limiting the scope and use of NDAs in all cases involving sexual abuse and violence – not just in the post-secondary education and employment contexts – but they acknowledge there are complex issues around how best to achieve this. A considered and nuanced approach is required that takes into account considerations including the promotion of meaningful access to justice for survivors, fairness to those only alleged (not proven) to have committed sexualized wrongdoing, and the advancement of the public's interest in preventing serial predatory misconduct and the widespread harms this causes.
We will post updates that describe the ongoing work Elizabeth, Zahra Vaid and other members of her team continue to do on the NDA issue.
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