Proposed legislation would stop NDAs from being used to ‘silence’ harassment victims: Furstenau - Terrace Standard

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Proposed legislation would stop NDAs from being used to ‘silence’ harassment victims: Furstenau - Terrace Standard
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Proposed legislation would stop NDAs from being used to ‘silence’ harassment victims: Furstenau

Proposed legislation to protect victims of discrimination and harassment in British Columbia — many of whom are women — is getting a thumbs-up from Canada’s largest professional association for lawyers.

If legislation were to pass, B.C. would be joining Prince Edward Island as the only two provinces to have such laws. Manitoba and Nova Scotia are considering comparable legislation. The resolution points out that the “widespread and systemic use” of NDAs protects the reputations of employers at the expense of victims or whistleblowers unable to report or discuss their concerns, with women five times more likely to sign NDAs than men.“We know that victims of discrimination and harassment are more likely to be women, especially those facing sexual harassment,” Furstenau said, adding that all genders report harassment at work by supervisors, clients or colleagues.

Furstenau’s legislation has appeared against the backdrop of efforts by lawyer Julie Macfarlane and Zelda Perkins, who had broken her NDA with former movie producer and convicted sex-offender Harvey Weinstein. The pair are co-founders of Can’t Buy My Silence and have been campaigning for years to limit NDAs to intellectual property and trade secrets.

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