This week the Victorian Government announced the start of formal consultation for legislation to end the misuse of Non-Disclosure Agreements in cases of workplace s*xual harassment. This will stop employers coercing women into silence and is essential progress towards ending workplace harassment.
A non-disclosure agreement (NDA) is a legal contract that establishes confidentiality about a sexual harassment or other workplace issue. It means the worker who suffered the harassment is not allowed to talk about what happened. Victims of workplace sexual harassment often feel they must agree to confidentiality if they want to resolve their complaint.
Wil Stracke, Assistant Secretary of Victorian Trades Hall Council, welcomed the announcement. “This is real progress. Union women have been campaigning and lobbying for this for a long time, and we are proud that the Victorian Government has listened, and Victoria will lead what we hope is nationwide change.
“There is an opportunity now for more women to come forward and be part of writing this legislation. We need to stand together and centre victims’ voices so that the business lobby don’t write themselves loopholes in future legislation to restrict NDAs.”
In releasing the discussion paper, Victorian Premier Jacinta Allan said, “The challenge with NDAs, and my information comes from listening directly from victim-survivors, people who have experienced sexual harassment at work, and then have had to be re traumatised by going through the NDA process, is that it silences victims.”
If you have signed a non-disclosure agreement, you can share your story, anonymously if you like, and contribute to achieving a good outcome.
Read more: VTHC Media release and Victoria Premier Jacinta Allan attacks NDAs in workplaces