The Vancouver Symphony Orchestra (VSO) has announced a significant reduction in the use of non-disclosure agreements (NDAs) related to sexual misconduct cases, following criticism sparked by a musician who came forward with allegations of sexual assault.
According to a report published on December 17, 2025, by The Globe and Mail, violinist Esther Hwang accused a senior orchestra member of sexual assault in 2017. Hwang disclosed that she had signed an NDA in 2019 as part of a settlement agreement, which she later felt had silenced her and negatively impacted her career.
Shortly after the article’s publication, the VSO acknowledged sending Hwang a cease-and-desist letter citing the binding nature of the NDA. This action drew backlash, including criticism from the musicians’ union representing VSO members.
Initially, the VSO stated to CBC News that it believed it had handled the initial incident fairly and appropriately, as it had been investigated by an independent entity. However, in an open letter released on Tuesday, the VSO declared that it would largely discontinue the use of confidentiality agreements in cases of sexual misconduct, unless specifically requested by the complainant. The organization also clarified that it had no intentions of pursuing legal action against Hwang for breaching the confidentiality agreement.
Hwang expressed dissatisfaction with the VSO’s handling of her case, alleging mistreatment and intimidation through the process. She emphasized the importance of passing legislation to prohibit such NDAs and highlighted the lack of a formal apology and accountability from the VSO.
In response to the backlash, the VSO plans to engage with various experts and the wider community, including groups advocating against NDAs, such as Can’t Buy My Silence. The co-founder of this campaign, Julie Macfarlane, commended the VSO for its pledge to eliminate NDAs, urging other organizations to follow suit.
Regarding a 2019 settlement, the VSO disclosed that the initial assault allegations occurred outside the workplace, leading to a settlement agreement involving Hwang, the musicians’ union, the VSO, and the accused. The VSO defended its issuance of a cease-and-desist letter to safeguard employees publicly linked to unverified allegations.
Hwang criticized the ethical stance of using NDAs in cases like hers, while the Vancouver Musicians’ Association union viewed the VSO’s open letter as a positive step forward, stressing the need for further action to address harassment and discrimination issues within the industry.