The Vancouver Symphony Orchestra (VSO) has announced plans to significantly reduce the use of non-disclosure agreements (NDAs) in instances of sexual misconduct, following criticism stemming from a musician’s public disclosure of sexual assault accusations. Violinist Esther Hwang came forward in a December 17, 2025, article from The Globe and Mail, detailing allegations of sexual assault by a senior orchestra member in 2017.
Hwang revealed that she signed an NDA in 2019 as part of a settlement related to the case, expressing feelings of being silenced by the agreement years later and facing negative career impacts. In response to the initial article, the VSO acknowledged sending Hwang a cease-and-desist letter citing the legally binding nature of the NDA.
This move sparked a backlash against the organization, including criticism from the union representing VSO musicians. Initially defending its actions as fair and appropriate following an investigation by a third-party entity, the VSO later released an open letter stating its decision to discontinue the use of confidentiality agreements in cases of sexual misconduct unless explicitly requested by the complainant.
Hwang criticized the VSO for mishandling her case, alleging victim-shaming and intimidation tactics including threats of legal action. While expressing disappointment in the VSO’s initial response, she appreciated public support and emphasized the importance of legislation to ban such NDAs, calling for accountability and an apology from the VSO.
The VSO’s announcement to engage with experts and the wider community, particularly groups like Can’t Buy My Silence advocating against NDAs in harassment cases, was seen as a positive step by Julie Macfarlane, a campaign co-founder. Macfarlane highlighted the pervasive use of NDAs by Canadian organizations in cases of sexual misconduct and discrimination, urging support for a Senate bill to address this issue.
Regarding the 2019 settlement, the VSO clarified that the assault allegations occurred outside the workplace in 2017 and were investigated independently, leading to a settlement involving the VSO, Hwang, the musicians’ union, and the accused perpetrator. The VSO justified its cease-and-desist action post-Hwang’s public allegations as a measure to protect employees from unproven and unsubstantiated claims.
Hwang expressed ethical concerns about NDAs in cases like hers, contrasting with the VSO’s stance. The interim secretary and past president of the Vancouver Musicians’ Association commended the VSO’s open letter as a positive step forward, acknowledging the need for further action to address harassment, abuse, discrimination, and assault within orchestras and beyond.