#cantbuymysilence: A Case Study and Intersectional Analysis on Non-disclosure Agreement (NDA) Legislation

The #MeToo movement that originated in 2017 has drawn attention to the problem of sexual misconduct in workplaces globally. This problem includes the prevalent use of nondisclosure agreements (NDAs) to perpetuate misconduct and conceal acts of wrongdoing. In response, legislatures in different countries have introduced acts with varying degrees of scope. Thus, two questions remain: how do these policies impact individuals with different intersecting identities, and how can these policies be improved? Using a case study and multi-level approach that draws on gender and intersectional policy analyses, this MRP answers these questions by examining four different subnational jurisdictions in Canada and the United States. The results demonstrate varying degrees of effective legislation, which lead to the central argument that legislatures should consider a total ban on the use of NDAs in cases of harassment and discrimination. The MRP concludes by providing recommendations for future policy development in the Canadian context.