Vancouver Symphony Backs Off

Less than three weeks after threatening legal action against a young violinist for breaching a confidentiality agreement, the Vancouver Symphony Orchestra (VSO) executed a complete about face. On Jan. 6, the VSO issued a full-throated public apology to 30-year-old Esther Hwang and promised not to use such agreements in future instances of sexual misconduct.

“I am so grateful to the public. It’s because of the public pressure that the VSO has decided not to use NDAs to hide sexual misconduct,” Hwang told The Vancouver Sun. The VSO’s pledge, she continued, is a “big win” for critics of the use of non-disclosure agreements to hide workplace harassment and misconduct. At the same time, she expressed her disappointment with the VSO.

A former student at The Juilliard School, Hwang joined the VSO in early 2017 as an extra violinist. Following allegations that a senior member of the orchestra repeatedly harassed and then sexually assaulted her, she agreed not to speak publicly about the alleged incident and drop her human rights complaint in exchange for counselling costs and the removal of the accused musician. Following the agreement, Hwang reports her work with the VSO gradually came to an end.

On Dec. 18, the VSO’s attorney sent Hwang a letter threatening legal action for her recent public statements to The Globe and Mail and a Dec. 17 email sent to VSO musicians in which she stated her intention to disregard her confidentiality agreement and shared details of her experience. A public petition signed by almost 15,000 people demanded the VSO “publicly commit to immediately end its use and enforcement” of any NDA and “confirm that it will not pursue legal action against Esther Hwang and issue a public apology for the cease and desist letter.”

The orchestra’s Jan. 6 public statement met all the petition’s demands. It acknowledged “the pain experienced by violinist Esther Hwang arising from the confidentiality agreement;” noted “that things have changed since 2019 and we can change as well;” and committed to “not include confidentiality agreements in any future agreements involving sexual misconduct” unless requested by the complainant. The VSO also promised not to take any legal action against Hwang.

In addition to responding to the issues raised in the petition, the VSO’s letter engages in what is best described as a bit of reputational repair. It states that there was no retaliation against Hwang for coming forward with her sexual assault allegations nor any restriction on speaking to the police about the allegations. In fact, the letter states, “The VSO has encouraged this step and will unreservedly facilitate and participate in any such investigation.”

And it defends the Dec. 18 cease-and-desist letter on the basis that Hwang’s Dec. 17 letter had publicly identified current VSO employees in relation to unproven allegations related to the assault.

Vancouver Sun