Committee speakers give voice to those locked in NDAs

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This article was published 02/11/2022 (686 days ago), so information in it may no longer be current.

A Manitoba teacher, former nurse and government IT worker spoke out publicly — some for the first time — about their experiences with non-disclosure agreements, during a five-hour legislative standing committee meeting Wednesday evening.

The emotionally charged session stretched late into the night, and included testimony from 18 speakers from across North America (both virtually and in-person). The matter at hand was the Manitoba Liberals’ proposed Bill 225 (Non-Disclosure Agreements Act) which, if passed, would restrict the use of NDAs in cases of discrimination or harassment.

Protected by parliamentary privilege, it was a rare chance for those who had signed NDAs to speak publicly.

“Being silenced by an NDA… is like being trapped in a bottle without air,” said Pam Gordon, a former Winnipeg teacher, her voice breaking.

Gordon detailed her experience working under a principal who she said bullied her and didn’t take her severe food allergy seriously. She once went into anaphylactic shock after coming into contact with foods she was allergic to, and was later diagnosed with PTSD and went on medical leave, she said.

Gordon said she filed a human rights complaint and a code of conduct grievance through her union — which represents both teachers and principals, she noted — but eventually dropped both. She received a settlement and signed an NDA that was put in place “to ensure that I never expose the principal or the division.”

“I wonder how many educators like myself have been forced to sign NDAs,” she said.

Asked if it the department of education has a position on teachers who are victims of bullying signing NDAs, the province would only say school boards are responsible for personnel matters.

Author and journalist Jan Wong wondered if the alleged crimes of disgraced fashion executive Peter Nygard could have been stopped sooner, if not for NDAs.

Wong said when she was writing for the Globe and Mail in the 1990s, she’d spoken with three women who filed complaints with the Manitoba Human Rights Commission, alleging Nygard sexually harassed them. She was never able to write much because the women settled, dropped their complaints and signed NDAs, Wong said.

“Imagine a world without NDAs, where the victims are not gagged,” Wong said. “Imagine a quarter-century ago, those three brave women who went to the Manitoba Human Rights Commission could have spoken freely to me.”

“Being silenced by an NDA… is like being trapped in a bottle without air.”–Pam Gordon, former Winnipeg teacher

Now in his 80s, Nygard is facing multiple sexual assault and forcible confinement charges in Toronto and Quebec for alleged incidents in the late 1980s and mid-2000s. He also faces extradition to the United States for sex-related charges.

Marcel Williamson, a former IT professional with Digital Health (now Manitoba eHealth), shared his experience with racism and being fired after he reported workplace abuse.

Williamson, who is of Cree and Ojibwa descent, said Digital Health staff mocked Indigenous accents, used the word “Indian” in a derogatory manner, and his supervisor made racist comments to him. While he reported the abuse, it continued for years, Williamson said.

“Overall, the supervisor and staff humiliated, dehumanised and embarrassed me,” he said.

While a complaint to Shared Health was deemed “substantiated,” Williamson was fired in March 2021, three months later, he said. He was “offered $40,000, then $60,000, then $80,000,” contingent on him signing an NDA, he said — but Shared Health continued to deny wrongdoing, so he wouldn’t sign.

NDAs prevent whistleblowers from speaking up about toxic workplaces and protect perpetrators, he said.

Former nurse Shannon Hancock said she was fired from her job with the Winnipeg Regional Health Authority after she made complaints about a toxic workplace a decade ago.

“Imagine a world without NDAs, where the victims are not gagged.”–Jan Wong, author and journalist

“That complaint triggered the end of my career,” she said.

Hancock said she tried to dispute the firing, but amid pressure and feeling “blacklisted” from other work, she signed an NDA “under duress.”

Shared Health and WRHA said they can’t comment on HR matters.

Others spoke of trouble finding new work after signing an NDA, unable to reveal why they left previous jobs. One even worried people might think she was concealing a crime.

The bill itself is currently with the Manitoba law review commission, with a report expected back early next year.

Manitoba Justice Minister Kelvin Goertzen, present at the session, said he was “moved” by the testimony but he wouldn’t make any commitments to next steps until he sees the law review’s recommendations.

Liberal Leader Dougald Lamont said he is confident the bill will eventually become law, but he thinks government is stalling by sending the bill out for review.

Lamont said NDAs are akin to “legalized blackmail.”

“They’re toxic,” he said. “My concern is that it is going to keep happening.”

katrina.clarke@freepress.mb.ca