Working Women Queensland has launched an e-petition urging the government to investigate the misuse of legal tools to shield sexual harassers in the workplace.
In the aftermath of the #MeToo movement, there has been growing awareness in Australia regarding the deep-rooted issues that enable workplace sexual harassment and discrimination to persist. From the disturbing culture within Hollywood to toxic behaviours in Australian media outlets, workplace harassment is no longer a hidden problem – it’s an open secret.
However, despite the increased awareness, many victims of workplace harassment remain silent. This silence isn’t due to a lack of desire to speak out but due to the use of legal tools like non-disclosure agreements (NDAs).
Originally intended to safeguard sensitive business information, NDAs are increasingly used by employers to conceal misconduct and protect those in positions of power. Research shows that 75% of legal professionals in Australia report that they have never resolved a sexual harassment case without incorporating a blanket NDA. At Working Women Queensland, we frequently witness how these agreements are imposed through coercive “take it or leave it” negotiations, leaving little room for those seeking justice to settle without an NDA.
Existing frameworks, including workplace health and safety regulations and anti-discrimination laws, require employers to address issues like sexual harassment. Yet rather than tackling the root causes – such as power imbalances – NDAs have become tools to silence victims, shield wrongdoers and help organisations evade accountability.
With almost two-thirds of women who have been sexually harassed at work believing the harasser has targeted someone else, this simply isn’t good enough.
For many survivors, NDAs are not just about confidentiality – they are an oppressive instrument used by employers and powerful figures. These agreements often fail to address the harm inflicted on the individual and rarely include any measures to prevent the perpetrator from repeating their behaviour. Worse still, NDAs restrict victims from discussing their traumatic experiences with anyone, including family, friends or healthcare professionals.
The threat of legal consequences, including potential financial penalties, often leaves survivors fearful of speaking out or seeking help later. This creates a cycle of silence and continued abuse.
It’s time to break this cycle. Victims should not have to choose between healing and pursuing justice.
Behind each NDA is a person, someone who may experience shame, isolation and fear, and is unable to openly discuss their experiences, even with their closest supporters. These individuals are left with unanswered questions, unsure of how to explain their silence to others or, worse, how to begin healing without the support they need.
There is a pressing need for legislative change to restrict the use of blanket NDAs in sexual harassment and discrimination cases. Working Women Queensland is calling for an enquiry into how NDAs are utilised in the workplace, marking the first step towards law reform at both the Queensland state and federal levels. We need laws that prioritise the safety, well-being and rights of employees, not corporate secrecy and the protection of perpetrators.
The current use of NDAs often protects the reputations of alleged perpetrators and organisations, typically at the expense of transparency and justice for victim-survivors. By covering up workplace misconduct, NDAs enable abusive cultures to continue and prevent us from understanding how these issues are being handled, or if they are being addressed at all.
Proposed legislative reforms would ensure that NDAs are only enforceable if a victim specifically requests one after receiving independent legal advice from a practitioner who is trained in trauma-informed care.
This is not just a minor detail – it is a vital safeguard.
Such a change would ensure that legal professionals have the expertise to understand the lasting effects of trauma and can advocate for the best interests of survivors.
Other proposed reforms would include limiting the duration of NDAs, giving victims the right to waive their confidentiality within a reasonable period. Employers would also be required to report and comply with the use of NDAs, and survivors would be allowed to share their experiences with chosen support systems, such as lawyers, medical professionals and union representatives, without fear of legal repercussions.
While we recognise that legislative change takes time, organisations can act now to improve their practices. Employers have the power to reassess their use of NDAs and adopt policies that prioritise the dignity, autonomy and transparency of those affected. This includes ensuring that all survivors receive advice from legal professionals with trauma-informed expertise before agreeing to any confidentiality terms.
In the meantime, we are encouraging Australians to #SignWithCaution and support our call to #PutAnEndToNDAs. We have launched an e-petition urging the Queensland government to investigate the misuse of NDAs in the workplace.
If you believe in creating safer, more respectful workplaces and fostering true accountability, we invite you to stand with us. You can show your support by signing the petition here.
It’s time to stop using legal tools to shield perpetrators. Let’s use the law to protect workers and create workplaces that are safe and accountable.
Read also: Workplace sexual harassment: New rules, new plans
Eloise Dalton
Eloise Dalton is the Director of Working Women Queensland (WWQ), a specialist women’s employment service at Basic Rights Queensland. A lawyer by background, Eloise is deeply passionate about advocating for women’s rights, particularly around eliminating gender discrimination and sexual harassment in the workplace. As a young mother, she brings a unique perspective to her work, driven by her own experiences and a commitment to justice for all women.
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