The Vancouver Symphony Orchestra (VSO) has announced a significant reduction in the use of non-disclosure agreements (NDAs) in sexual misconduct cases, following criticism after a musician came forward with sexual assault accusations. Violinist Esther Hwang alleged in a December 17, 2025, report 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 later and facing career repercussions.
Following the article’s publication, the VSO issued Hwang a cease-and-desist letter citing the legally binding NDA. This move sparked backlash, including from the musicians’ union representing VSO members. Initially, the VSO stated it had acted fairly and appropriately upon learning of the incident, which was investigated by a third party.
However, the VSO later released an open letter stating they would mostly discontinue confidentiality agreements in sexual misconduct cases, unless specifically requested by the complainant. Hwang criticized the VSO for mishandling her case, alleging victim-shaming and retaliation when she reported the assault. Despite her disappointment in the VSO’s response, she expressed gratitude for public support.
The VSO’s commitment to ending NDAs received praise from advocates like Julie Macfarlane of the Can’t Buy My Silence campaign. Macfarlane emphasized the importance of organizations refraining from using NDAs in harassment cases. She urged Canadian institutions to align with a Senate bill restricting NDA use in settlements related to sexual misconduct or discrimination.
In an open letter, the VSO clarified that the 2017 assault allegations occurred outside the workplace and were investigated independently, leading to a settlement involving multiple parties. The organization defended its cease-and-desist action to shield employees linked to unproven or unsubstantiated allegations. Hwang criticized the ethicality of NDAs in her situation, while the musicians’ union viewed the VSO’s open letter as a positive step but highlighted the need for further actions to address harassment, abuse, and discrimination issues beyond orchestras.