{"id":10751,"date":"2023-09-04T11:52:50","date_gmt":"2023-09-04T15:52:50","guid":{"rendered":"https:\/\/www.patheos.com\/blogs\/ecopreacher\/?p=10751"},"modified":"2023-11-08T17:36:55","modified_gmt":"2023-11-08T21:36:55","slug":"end-nda-in-church-confidentiality-cover-for-toxic-secrets","status":"publish","type":"post","link":"https:\/\/www.patheos.com\/blogs\/ecopreacher\/2023\/09\/end-nda-in-church-confidentiality-cover-for-toxic-secrets\/","title":{"rendered":"End the NDA in the Church: \u2018Confidentiality\u2019 is a Cover for Toxic Secrets"},"content":{"rendered":"\n<\/head>

Did you know that some churches and denomination will use a non-disclosure agreements (NDA) to silence clergy and congregants?\u00a0 Sometimes called \u201cconfidentiality agreements,\u201d NDAs have been used in churches in the United States and abroad to silence victims of racism, sexual abuse, misogyny, homophobia, and other abuses.<\/p>\n

\"Navigating
Register here: https:\/\/www.wichurches.org\/2023\/08\/navigating-ndas-a-panel-discussion-for-clergy-congregations-and-denominations\/<\/a><\/figcaption><\/figure>\n

In fact, the Archbishop of Canterbury recently called for a ban on NDAs in the Church of England because they have been used as a tool to silence victims of racial abuse (https:\/\/www.bbc.com\/news\/uk-56817048.amp<\/a>;\u00a0 https:\/\/julieroys.com\/anglicans-oppose-ndas\/<\/a>).<\/p>\n

NDAs silence clergy and congregations<\/strong><\/h2>\n

In the Clergy Emergency League<\/a> (CEL), an organization I co-founded in 2020, we have noticed a growing number of stories from clergy who have been silenced by their churches or denominations through NDAs.<\/p>\n

One of the most notorious is the NDA that ELCA pastor Rev. Nelson Rabell-Gonz\u00e1lez refused to sign in 2021 when his church and denomination wanted to silence his prophetic voice. (Read: The NDA, the Church, and the Attempt to Silence Rev. Nelson Rabell-Gonz\u00e1lez<\/a>)<\/u><\/strong>.<\/p>\n

\"\"
Rev. Nelson Rabell-Gonz\u00e1lez was pressured to sign an NDA as part of a severance package. He refused and paid the price.<\/figcaption><\/figure>\n

Rev. Rabell\u2019s case is not unusual. Christianity Today <\/em>recently reported<\/a> that \u201ca growing number of ministers, missionaries, Christian workers, abuse victims, and victims\u2019 advocates are publicly objecting to the non-disclosure agreements and confidentiality clauses used by major religious organizations. They say the legal tools that were designed to protect tech industry \u2018trade secrets\u2019 are widely misused to conceal abuse, preserve secrets, and protect powerful reputations without regard for the human cost.\u201d<\/p>\n

And the human cost \u2013 as well as the cost to the church \u2013 is shouldered by individuals who are forced to shield the institutional church from scrutiny.<\/p>\n

Navigating NDAs: A Panel Discussion for Clergy, Congregations, and Denominations<\/strong><\/h2>\n

To help educate clergy, congregations, and denominations about the problems with NDAs in the church, CEL is joining with the Wisconsin Council of Churches<\/a> to host a panel discussion on Tues., Sept. 12, 2 p.m. Eastern\/1 p.m. Central.\u00a0 Register here: https:\/\/www.wichurches.org\/2023\/08\/navigating-ndas-a-panel-discussion-for-clergy-congregations-and-denominations\/<\/a><\/p>\n

An NDA by any other name<\/strong><\/h2>\n

NDAs go by many different names, so it can be tricky to figure out if one is actually being used.\u00a0 These agreements are variously called:<\/p>\n

    \n
  1. non-disclosure agreement<\/li>\n
  2. confidentiality agreement<\/li>\n
  3. confidential disclosure agreement<\/li>\n
  4. proprietary information agreement<\/li>\n
  5. secrecy agreement<\/li>\n
  6. non-disparagement agreement<\/li>\n<\/ol>\n

    No matter what they are called, this practice amounts to institutionalized secret-keeping. The keeping of secrets destroys the ability of clergy to do the ministry to which they are called and can destroy their reputations.<\/p>\n

    They can also destroy congregations. The existence of an NDA means a congregation can never talk about or address its history, so secrets continue to fester unchecked. Non-disclosure agreements, by whatever name, undermine the integrity of the church.<\/p>\n

    What are the origins of NDAs?<\/strong><\/h2>\n

    In the 1980s, as computer software became integral to a variety of products, employers began using the 19th<\/sup> century term, \u201cintellectual property,\u201d and sought to protect it through written agreements at the beginning or termination of employment. The goal was to get new hires to agree not to divulge intellectual property to their next employer. These are called \u201cnon-compete\u201d clauses.<\/p>\n

    Companies also began writing severance agreements at the termination of employment in which the company would offer a severance package in exchange for the employee\u2019s agreement not to divulge proprietary information.<\/p>\n

    Those early agreements opened the door to much more nefarious applications, however. Lawyers began using severance agreements to preclude employees from disclosing misconduct, sometimes against the employee and sometimes against others, through the use of \u201cnon-disparagement\u201d clauses.<\/p>\n

    What is a \u201cnon-disparagement clause\u201d?<\/strong><\/h3>\n

    The difference between \u201cdefamation\u201d and \u201cdisparagement\u201d is that defamation has only to do with making\u00a0false<\/em> accusations, whereas disparagement has to do with making any accusations at all \u2013 even if they\u2019re true. A non-disparagement clause means that the employee must agree not to say anything negative about the company or its products services or leaders, in any form of communication. This often extends to their family members and can be in effect for generations.<\/p>\n

    We can\u2019t know when severance agreements were first used to cover up misconduct, because the hallmark of such agreements is that the employee is precluded from even acknowledging that the agreement exists.<\/p>\n

    NDAs have been used to silence untold numbers of people harmed by corporations or powerful individuals.<\/strong><\/h3>\n
    \"\"
    Code of Silence. Photo by engin akyurt on Unsplash. https:\/\/unsplash.com\/photos\/vYqAHQNaOis<\/figcaption><\/figure>\n

    For example, in my work with the anti-fracking movement, I knew of families who were forced to sign NDAs when their water was poisoned by drilling companies.\u00a0 If they wanted a settlement, they had to agree to\u00a0not\u00a0<\/em>talk about what happened with\u00a0anyone<\/em>. Thus, the NDA enables a company to continue in its predatory behavior while the victims are left isolated, disconnected, and muzzled.<\/p>\n

    One of the most famous users and abusers of the NDA is former president Donald Trump. <\/strong><\/h3>\n

    He has forced many of his victims into silence through the threat of a lawsuit if they break the NDA they signed when they began volunteering or working for him.\u00a0 Again, if the victims can\u2019t talk to each other and compare notes, they are easier to control, manipulate, and abuse.\u00a0 And the perpetrator can continue the misconduct with impunity.<\/p>\n

    But surely churches aren\u2019t on par with Trump, are they?\u00a0 <\/strong><\/h3>\n

    Actually, churches have<\/em> used NDAs to cover up misconduct.\u00a0 For example, in the Roman Catholic Church, dioceses have required survivors of pedophilia to sign NDAs as a condition of monetary settlements<\/a>.\u00a0 Also, the Southern Baptist Convention used NDAs to silence victims of abuse<\/a>. In an Episcopal church in California, an interim priest who uncovered embezzlement was pressured to sign an NDA as a condition of being reimbursed for expenses.<\/p>\n

    And in the ELCA, I am aware of at least two situations where clergy were pressured to sign them.\u00a0 One was for the termination of a pastor, and one was at the hiring of one.\u00a0 And both of these cases happened after the Churchwide Assembly voted in 2022 to limit the use of nondisclosure provisions.<\/p>\n

    But don\u2019t churches need to protect confidentiality?<\/strong><\/h3>\n

    Yes, confidentiality and protecting privacy is important.\u00a0 But more often than not, the requirement to sign an NDA is really just a means by which to avoid transparency and accountability.\u00a0 This leads to toxic secrecy.<\/p>\n

    What\u2019s the difference between confidentiality and secrecy?\u00a0 <\/strong><\/h3>\n

    Confidentiality<\/strong> is about ensuring a healthy system that respects privacy and boundaries. Confidentiality fosters confidence and trust and strengthens relationships through accountability.<\/p>\n

    In contrast, institutional secrecy<\/strong> is about hiding or concealing misconduct, abuse, discrimination, or anything that could potential embarrass the organization as a whole.\u00a0 Secrecy fosters fear, anxiety, mistrust, gossip, and dysfunction, and destroys accountability.<\/p>\n

    If you or someone in your congregation is being pressured to sign a \u201cconfidentiality agreement,\u201d it may be a cover for institutional secret-keeping and a means by which to silence those who call out harmful behavior or otherwise criticize the church.<\/p>\n

    Educate yourself, your congregation, and your denomination about the harm caused by NDAs<\/strong><\/h3>\n

    \"Clergy<\/p>\n

    In the panel discussion on Sept. 12, we will talk with clergy who have fought against NDAs. We will feature Rev. Rabell as well as Rev. Stacey Grossman, an Episcopal priest in the San Francisco Bay area who has been involved in Safe Church work, including leading a revision of diocesan safe church standards and policies.\u00a0 She also served as the diocesan intake officer for clergy misconduct complaints.<\/p>\n

    Our special guest will be Ben Nicholson<\/a>, co-founder of #NDAfree<\/a>, a campaign with a vision to see individuals, Christian organizations, and local churches free from the misuse of Non-Disclosure Agreements.<\/p>\n

    In this important conversation, we\u2019ll address these questions:<\/p>\n