Speak Out: Ending Gender-Based Violence

Our research report is now available!

Speak Out is a community consultation and legal reform initiative by CLAS. We gathered insight from people across B.C. who have experienced or witnessed harm – especially gender-based violence (GBV) – and who may have been pressured to stay silent through non-disclosure agreements (NDAs) or other agreements.

GBV includes a wide range of harms, such as sexual harassment, assault, or abuse based on someone’s gender, sexuality, or identity. It often happens in workplaces, schools, housing, and other institutions — and it’s frequently silenced through formal or informal agreements.

In our research we found that:

  • GBV, including sexual harassment in workplaces, continues to be a serious and ongoing problem in BC.
  • GBV hurts workers and employers. In addition to personal harm, it can also prevent women and gender-diverse people from entering and staying in the workforce. It is also costly for employers.
  • Current internal policies and procedures of organizations are not effectively preventing or addressing GBV; they often contribute to harm.
  • The use of NDAs in cases of sexual harassment and other forms of GBV prevents proper reporting and can contribute to further harm to the individual.

In our report we make numerous recommendations to government, employers, WorkSafeBC, employee associations/unions, and the legal community with the goal of:

  • restricting the use of NDAs in situations involving GBV; and
  • improving how GBV is handled in the workplace.

Review the Executive Summary and Recommendations , or access our Full Report.

About the Project

This project aimed to understand how NDAs and other silencing practices are used, often after incidents of sexual harassment, assault, or workplace discrimination. We collected community input to inform change through

  • 339 public survey responses
  • 10 regional workshops with over 160 attendees
  • 1 focus group for service providers in BC
  • 5 in-depth interviews for case studies
  • 54 lawyer survey responses
  • 3 interviews with lawyers specializing in workplace investigations

We also held 9 information sessions with 269 attendees on the issues of GBV and the misuse of NDAs.

Why This Work Matters

Internal policies and processes intended to address discrimination, harassment and bullying may be lacking, poorly implemented, or not be trauma-informed. This can result in unsatisfactory outcomes, contributing to further harm to the complainant, affect the workplace, and cost both workers and employers.

NDAs are often used to silence people after they’ve experienced harm – especially in cases of sexual harassment, assault, or workplace discrimination. Many people don’t even realize they signed one. These agreements can prevent people from speaking up, accessing support, or warning others.

We want to shift that. With your input, we can push for systems that protect the best interest of people.

FAQs

“Gender-based violence describes any form of abuse, assault, or harassment that is based on gendered power differences. It is violence inflicted upon someone because of their gender identity, gender expression, or perceived gender” (West Coast LEAF).

GBV is violence towards someone due to their:

Gender-based violence is rooted in sexism, racism, homophobia, and colonialism.  It mostly affects women and girls as well as Two-Spirit, trans, nonbinary and gender-nonconforming people.  Indigenous women and girls are particularly targeted by GBV. Racialized women, young women, women with disabilities, women in rural communities, and LGBTQ2SIA+ people are also vulnerable.

Gender-based violence sometimes happens alongside other forms of harassment and discrimination, such as racism.

GBV includes physical violence, but also:

  • Threats and intimidation;
  • Humiliation;
  • Online harassment/stalking;
  • Sexual, psychological, or financial harm; and more.

Some examples of gender-based violence that are relevant for this project are:

  • Sexual harassment;
  • Workplace bullying based on gender;
  • Discrimination based on gender;
  • Sexual assault.

Sources: West Coast LEAF, Canadian Women’s Foundation.

  • NDAs are legal documents that restrict you from sharing information with others. They are often signed as part of a settlement or during a workplace investigation. NDAs are misused in many workplaces, but also by other types of organizations. They are used by sports teams, political parties, and other associations. They seek to protect their reputation through the NDA.
  • NDAs protect the abuser by silencing the complainant – usually for life. 95% of people who sign NDAs report negative mental health consequences (Speak Out Revolution).
  • People are often pressured to sign NDAs under stressful time constraints. They may not understand they can refuse or negotiate something different. Know your rights before you sign. Get legal advice and see our tip sheet.
  • Women are more likely than men to be asked to sign an NDA. This makes NDAs a gendered issue. Also, data suggests that racialized women in North America are disproportionately affected. In Canada and the USA, racialized women report signing NDAs at higher rates than white women (Speak Out Revolution).
  • See our Quick Facts Document for more information on the problem with NDAs.
  • See our campaign page for updates in the global campaign for NDA reform.

  • If you experienced sexual assault you may access free, confidential legal advice. See Stand Informed Legal Advice for more information.
  • If you are seeking legal advice related to signing an NDA please contact us. We can see if we are able to assist you or provide you with referrals.

  • The report recommendations can be used by workplaces and other organizations to improve how they handle GBV. For example:
    • Community groups;
    • Activity/Recreational clubs;
    • Sports teams;
    • Places of worship;
    • Schools, etc.
  • The recommendations on NDAs can also be shared with government to advocate for regulating of NDAs.

Ways to Get Involved

Interested in helping with this work? There are a few ways you can take part in this project. Choose how you’d like to get involved:

  • Review our report and recommendations and share the information with others.
  • Join our advocacy efforts to have our recommendations considered by the BC government, employers and organizational leaders, WorkSafeBC, employee organizations/unions/professional associations, and the legal community.
  • Join our mailing list to hear about our advocacy efforts and learn about upcoming workshops.
  • Request a Workshop for us to share the results of our report with your organization or group.
  • Note: While our consultation period is completed if you’ve experienced harm, silencing, or pressure to stay quiet, your voice matters if you wish to share your experience with us for our advocacy work you can email us.

Thank You to our Funder

This project has been funded through Women and Gender Equality Canada’s Women’s Program.

To contact Speak Out: Ending Gender-Based Violence:

Call: 604-673-3143 or Toll-free 1-888-685-6222

Email: [email protected]