The Vancouver Symphony Orchestra (VSO) has announced its decision to largely discontinue the use of non-disclosure agreements (NDAs) in instances of sexual misconduct, following criticism after a musician came forward with sexual assault accusations.
Violinist Esther Hwang alleged in a December 17, 2025, article from The Globe and Mail that she was sexually assaulted by a senior orchestra member in 2017. Hwang mentioned signing an NDA in 2019 as part of a settlement, feeling silenced by it in the following years, and experiencing career setbacks as a result.
Shortly after the publication of the article, the VSO confirmed sending Hwang a cease-and-desist letter citing the NDA as legally binding. This action sparked backlash against the organization, including from the union representing VSO musicians.
Initially, the VSO defended its actions, stating it had handled the initial incident fairly and appropriately based on a third-party investigation. However, in a subsequent open letter, the VSO announced it would no longer enforce confidentiality agreements in cases of sexual misconduct unless specifically requested by the accuser.
Hwang criticized the VSO for mishandling her case, alleging victim-shaming and intimidation tactics. Despite her disappointment in the VSO’s response, she expressed gratitude for the public support and emphasized the need for legislative measures to ban such NDAs.
The VSO’s commitment to discontinuing NDAs was welcomed by advocates like Julie Macfarlane from the Can’t Buy My Silence campaign. Macfarlane stressed the importance of organizations ceasing the use of NDAs in cases of harassment and discrimination, urging support for a Senate bill to address the issue.
Regarding the 2019 settlement, the VSO clarified that the assault allegations from 2017 occurred outside the workplace and were investigated independently. The VSO emphasized its cease-and-desist action aimed at protecting employees from unproven allegations.
In response to the open letter, the president of the VSO musicians’ union viewed it as a positive step, acknowledging the need for further actions to address complaints of harassment and discrimination within the industry.