Finlay: Ban the legal tool that silences women on sexual misconduct

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The legal contrivance known as the non\u002Ddisclosure agreement adds to the culture of fear that allows serial predators to widen their abuse.

Gender violence and sexual harassment are known to trigger an avalanche of life-altering health consequences such as high blood pressure, anxiety and sleep disorder. As a form of institutional betrayal, NDAs add another layer of physical and emotional damage, including PTSD, depression and suicide attempts.

For many women, the aftermath of gender violence and sexual harassment is the lowest point in their life. That’s when NDAs come into the picture. Duplicitous employers have developed well-honed trade craft to exploit this vulnerability by launching an arsenal of weapons to make victims feel alone, unwelcome and afraid, pushing them into the suffocating grip of an NDA.

NDAs create the very conditions that are the opposite of what lawmakers, advocates and thinking society should be seeking: an end to sexualized wrongdoing. The shroud of coerced silence, such as the kind that kept Hockey Canada’s scandals secret, allows bad actors to block victims from smashing the glass to warn others. NDAs also keep the public in the dark about just how safe women are in the workplace and whether public policy is failing in its job.

 

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