What is a Silencing NDA?

Not all non-disclosure agreements (NDAs) are harmful. This list focuses only on NDAs that function as silencing tools, which may contribute to spiritually abusive environments by suppressing truth, restricting accountability, or discouraging transparency.

How We Define Silencing NDAs

We define a silencing NDA as any formal or informal agreement used by a church or ministry to restrict a person’s ability to speak freely about their experience. This includes, but is not limited to:

• Severance agreements containing non-disparagement or broad confidentiality provisions that go beyond protecting private member information.

• Employment, volunteer, or contractor agreements that include non-disparagement or silence provisions.

• Employee handbooks or HR policies with disciplinary measures tied to public criticism.

• Agreements that prohibit media contact, social media posting, or internal discussion of church leadership or operations.

• Agreements that require individuals to frame their departure in theological or spiritualized language that misrepresents their actual experience

• Any document that functions as an NDA, regardless of its label (such as “confidentiality agreement,” “covenant,” or “separation agreement.) The presence of a non-disparagement or broad confidentiality clause constitutes an NDA, regardless of the document in which it appears.

We also include agreements with coercive or imbalanced terms, such as:

• Non-mutual clauses that favor the organization while silencing the individual

• Lifetime or indefinite restrictions, including those that apply to spouses or children

• Requirements to tell a false or misleading story about one’s departure

• Clauses that prohibit disclosing the existence of the NDA itself

• Vague or punitive penalty clauses that create fear or confusion

We may also include patterns of informal or unwritten pressure to remain silent when supported by corroborated evidence or multiple sources.

NOTE: Exceptions are made for documents that are solely intended to protect the private information of parishioners, such as HIPAA-compliant counseling confidentiality forms, or documents safeguarding sensitive financial or membership records. Such documents will not be considered NDAs for the purpose of this list.