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28 Apr 2025 Campaigns
On World Day for Safety & Health at Work, we are reminded that safety isn’t just physical—it’s also psychological.
For many workers, particularly women, workplace sexual harassment is a deeply harmful psychosocial hazard. Its impacts are long-lasting, affecting mental health, job satisfaction, and overall wellbeing. But the impact goes beyond the harassment itself.
The widespread use of Non-Disclosure Agreements (NDAs) in workplace sexual harassment cases continues to undermine safety by silencing victim-survivors and protecting perpetrators. Often presented as a standard condition for resolving such claims, these legal contracts can ultimately cause more harm than good.
A Non-Disclosure Agreement (NDA) is a legal contract that requires someone to keep certain information confidential. In workplace sexual harassment cases, NDAs are often used to prevent victim-survivors from speaking about what happened to them—sometimes indefinitely.
While NDAs are presented as standard legal tools to protect privacy and finalise settlements, in practice, they are often misused, shielding employers and perpetrators while isolating victim-survivors. Many workers feel they have no real choice but to sign an NDA to resolve their complaint, secure a settlement, and protect their career.
One in three workers in Australia has experienced sexual harassment in the workplace in the last five years—41% of women, 26% of men, and 67% of non-binary people.[1] This is not a marginal issue. It is Australia’s most widespread workplace safety concern.
Sexual harassment is driven by outdated gender stereotypes and entrenched power imbalances. It happens across all sectors, to people of all ages and backgrounds, and it’s overwhelmingly perpetrated by men (77%). [2]
Workplace sexual harassment causes deep psychological harm. Victim-survivors often experience:[3]
When NDAs prevent people from speaking about their experiences, these harms are exacerbated—isolating workers, inhibiting accountability, and making it harder to heal.
At the Working Women’s Centre SA, we see first-hand the long-term impacts of workplace sexual harassment and NDAs on the careers and lives of workers.
Workplaces have a Positive Duty under the law to proactively prevent sexual harassment—not just respond after harm is done. The routine use of NDAs undermines efforts to create a safe, transparent workplaces.
We are calling on the South Australian Government to restrict and regulate the use of NDAs in workplace sexual harassment matters. NDAs should never be the default.
They should only be used when requested by the victim-survivor, without coercion, and with access to independent legal advice.
NDA reform would:
The Working Women’s Centre SA is campaigning to end the misuse of NDAs and ensure that workers can access justice, healing and the freedom to tell their stories.
[1] [2][3]Source: Time for respect: Fifth national survey on sexual harassment in Australian workplaces, Australian Human Rights Commission, 2022.
