Esther Hwang’s breach of a non-disclosure agreement has prompted the Vancouver Symphony Orchestra to consider legal action, sparking debate over confidentiality clauses
A violinist is facing potential legal action from the Vancouver Symphony Orchestra (VSO) after discussing sexual abuse allegations while under a non-disclosure agreement (NDA).
Esther Hwang, 30, was a regular freelance extra violinist with the VSO in 2017 and 2018. In an article in The Globe and Mail from 17 December 2025, Hwang detailed that she was sexually assaulted and raped by a senior member of the orchestra at a post-performance party.
In 2019, Hwang filed a complaint with the orchestra to remove the perpetrator. The Vancouver Symphony Society gave her an NDA to sign, plus a settlement fee CAD$7,138.34 to cover counselling fees.
The VSO launched an investigation, which was never completed. Hwang then saw her workload decline in the 2019-20 season, and was no longer called back to work as a violin extra when the orchestra resumed concerts after Covid-19. Hwang alleged this amounted to retaliation, having previously been high up on the orchestra’s violin extra list before the allegations.
She decided to break her confidentiality agreement to speak out about the use of NDAs – notably, the ethical and legal questions raised when they are used in cases of alleged criminality, harassment and discrimination. It is supported by the Can’t Buy My Silence campaign, which aims to end the misuse of NDAs that silence victims.
Following publication of Hwang’s experience, the VSO sent Hwang a cease and desist letter, threatening legal action for breaking terms of the NDA. A letter from the VSO to Hwang states that it ‘reserves the right to take all steps to enforce its contractual rights arising from your breaches of the Confidentiality Agreement, including by commencing a lawsuit against you’.
In a statement reported by Global News, the VSO said ‘Our concern is that this breach publically identifies specific individuals currently employed by the VSO in connection with unproven allegations.’
A petition was established by oboist and activist Katherine Needleman, demanding that ’the VSO publicly commit to immediately end its use and enforcement of any agreement that restricts people from speaking about harassment, discrimination, sexual misconduct, or abuse’.
It also demands that the VSO confirms that it will not pursue legal action against Hwang, and to issue a public apology for the cease and desist letter. The petition currently has over 12,800 signatures at the time of this article’s publication.
Hwang believes that the NDA used in her case was unethical as it prevented her from speaking openly about her experience, making it harder for her to heal from her experiences.
’I’ve worked on myself for the last six years. I am in a position where I don’t rely on the VSO anymore. I want to be the voice for the people who can’t speak up,’ she told The Globe and Mail.
’I knew back then the NDA was wrong. I knew it was unethical and that it would hurt me, but that was the only choice I was given,’ she said.
Musicians of the Vancouver Symphony Orchestra released a statement in support of Hwang on social media, stating ’We are staying committed to creating a safer place to work and make music for all the musicians with whom we share the Orpheum stage.
’Demands by our managment that a victim of sexual assault “cease and desist” run counter to those aims and speak to a lack of accountability and vision by the leadership of the orchestra.’
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