Employment lawyer on Sexual Harassment and Non-Disclosure Agreements

Interview Summary

A lawsuit has been filed against the Pierre Elliott Trudeau Foundation regarding a student who alleges she was sexually harassed by her mentor at the foundation and was forced to sign a non-disclosure agreement.

Mackenzie Irwin, an employment lawyer and Associate at Samfiru Tumarkin LLP joins Alex Pierson on Global News Radio 640 Toronto to discuss non-disclosure agreements and what employees can do if they feel they are being harassed at the workplace.

Interview Notes

What should employees do if they feel their harassment allegations are not taken seriously?

Allegations of harassment are serious and employers and organizations have a legal obligation to investigate all claims and take necessary steps to prevent further misconduct. In some situations, organizations can be required to hire third-party investigators.

Do sexual harassment suits typically name the perpetrators involved?

Organizations and companies are held to a legal standard and generally if an employer fails to investigate claims there could be serious repercussions.

Learn More
Sexual Harassment in the Workplace
What you need to know about Workplace Harassment

Can employees refuse to sign a non-disclosure agreement?

Non-disclosure agreements are fairly common in sexual harassment cases and in settlements as employers seek to limit exposure. By signing an NDA, employees are unable to illuminate their experiences and employers cannot resolve the issues within the workplace. Often non-disclosure agreements allow serial abusers or harassers to continue mistreating other employees. Employees do have the right to refuse signing an NDA and pursue their legal rights.