The Vancouver Symphony Orchestra (VSO) has announced plans to significantly reduce the use of non-disclosure agreements (NDAs) in situations involving sexual misconduct, following criticism following a musician’s public disclosure of sexual assault allegations. In a report dated December 17, 2025, from The Globe and Mail, violinist Esther Hwang accused a senior orchestra member of sexual assault in 2017. Hwang mentioned that she signed an NDA in 2019 as part of a settlement related to the case, and she felt silenced by it in the following years, leading to negative impacts on her career.
Shortly after the article was published, the VSO acknowledged sending Hwang a cease-and-desist letter due to the NDA, which was stated to be legally binding. This action generated backlash against the organization, including criticism from the union representing VSO musicians. Initially, the VSO stated to CBC News that it believed it had handled the initial incident fairly and appropriately after being informed, with an independent investigation conducted.
However, in a subsequent open letter released by the VSO, it was declared that the organization would discontinue the use of confidentiality agreements in cases of sexual misconduct, except if explicitly requested by the complainant. The letter also emphasized that no legal action would be taken against Hwang for breaching the confidentiality agreement.
Hwang expressed dissatisfaction with the VSO’s handling of her case, stating that she had been victimized and silenced throughout the process. Despite her disappointment with the VSO’s response, she appreciated the public’s support in speaking out. She stressed the importance of passing legislation to prohibit such NDAs and called for a genuine apology and accountability from the VSO.
The VSO announced intentions to seek input from experts and the wider community, including advocacy groups like Can’t Buy My Silence, that push for the abolition of NDAs in harassment cases. Julie Macfarlane, a key figure in the Can’t Buy My Silence campaign, commended the VSO’s commitment to ending NDAs and urged other organizations to follow suit.
Furthermore, the VSO clarified that a four-way settlement agreement had been reached following an investigation into the 2017 assault allegations which occurred outside the workplace. The organization issued a cease-and-desist letter to protect current employees from unproven and unsubstantiated allegations. Despite this, Hwang criticized the ethical implications of using NDAs in cases like hers.
The Vancouver Musicians’ Association, representing VSO musicians, commended the VSO’s steps in the right direction but emphasized that more actions were necessary to address issues of harassment, abuse, discrimination, and assault within the industry.
