Biblical Teaching on the Misuse of NDAs: Part 2

Church Leadership and the Cost of Silence

NDA misuse goes against the Bible’s teaching on Church leadership, faithfulness and integrity. It frequently involves a rationalized ‘institutional thinking’ and represents hypocrisy by ministries that may be doing good in other respects. NDA misuse looks so very different from the bible’s teaching on leadership.

1 Timothy 3:2 Therefore an overseer must be above reproach, the husband of one wife, sober-minded, self-controlled, respectable, hospitable, able to teach.

1 Timothy 3:7 Moreover, he must be well thought of by outsiders, so that he may not fall into disgrace, into a snare of the devil.

Christian leaders must not only be gifted, they must be of good character, and be well thought of because of their actual lifestyle, not because they are covering up their own or others’ behavior with NDAs. Once a leader starts using NDAs, it raises questions about their character.

Overlooking character flaws and covering them up with NDAs to protect a popular or charismatic preacher or powerful leader is contrary to the Bible’s clear teaching that character is essential.

Servant Leadership, Not Seized Authority

I Peter 5:2-3 shepherd the flock of God that is among you, exercising oversight, not under compulsion, but willingly, as God would have you; not for shameful gain, but eagerly;  not domineering over those in your charge, but being examples to the flock.

Leaders should care for and seek the best interests of those under their care, not do harm by silencing them with NDAs. They should lead by setting a good example, rather than being domineering and emphasizing control by fear and intimidation.

Luke 4:5-8  And the devil took him up and showed him all the kingdoms of the world in a moment of time, and said to him, “To you I will give all this authority and their glory, for it has been delivered to me, and I give it to whom I will.  If you, then, will worship me, it will all be yours.”  And Jesus answered him, “It is written, “‘You shall worship the Lord your God,    and him only shall you serve.’”

Jesus was offered power and money. Think of all the good he could have done. And all he had to do was bow down and worship the father of lies. He could have rationalized, ‘It’s not the best thing, but …’ Instead, he said, ‘It is written’ and that settled who he was going to worship. He didn’t have to think about it.

When NDAs are misused to silence people whose experiences might damage an institution’s reputation, this places power, position, and fundraising above the people and the integrity of the institution. This requires living a lie and worshipping the father of lies, who has very bad intentions toward all.

NDA Misuse vs. Biblical Integrity

James 3:17 But the wisdom from above is first pure, then peaceable, gentle, open to reason, full of mercy and good fruits, impartial and sincere.

The wisdom from above is pure, with no moral compromise. It does not need to be rationalized. It is full of mercy and good fruit, not harm. Sincere means ‘without wax’, which was used to cover up flaws. The wisdom from above is sincere, the opposite of using an NDA to cover-up wrongdoing.

Matthew 5:16 In the same way, let your light shine before others, so that they may see your good works and give glory to your Father who is in heaven.

Jesus says to do good works, and people will see it and give glory to God. This is the opposite of harming people and hiding it with an NDA so people will think well of you.

2 Peter 1:5-8 For this very reason, make every effort to supplement your faith with virtue, and virtue with knowledge, and knowledge with self-control, and self-control with steadfastness, and steadfastness with godliness,  and godliness with brotherly affection, and brotherly affection with love. For if these qualities are yours and are increasing, they keep you from being ineffective or unfruitful in the knowledge of our Lord Jesus Christ.

The message is to grow in integrity, character, and love, which will make you effective. If these qualities are abandoned, to silence people with NDAs to manage the reputation of the organization or leader, that effectiveness can be lost.

God's Truth Over Institutional Loyalty

Exodus 20:1-3 And God spoke all these words, saying, “I am the Lord your God, who brought you out of the land of Egypt, out of the house of slavery. “You shall have no other gods before me.

Our loyalty should always be to God first, and not a leader or organization. When an institution demands silence, they are asking people to violate their conscience and relationship with God.

Exodus 20:16 You shall not bear false witness against your neighbor.

NDAs require omission, and sometimes overt misrepresentation of fact. Omission requires falseness and can be considered a form of perjury in a court of law.

I Thessalonians 5:22 Abstain from every form of evil.

This includes not silencing people with NDAs, which means harming them, and maintaining a falsified reputation.

Photo by Lorin Both on Unsplash

When Institutions Rationalize Compromise

Institutional thinking seeks to preserve image, status, and power, and rationalizes following 'standard practice' rather than the Bible. Organizations frequently respond to critical disclosures with officialese statements that make their decisions sound like prudent leadership.

Silencing someone who has been hurt with an NDA is considered an informed business decision that is standard, rather than something unethical and destructive.

I Kings 12:26-28  And Jeroboam said in his heart, “Now the kingdom will turn back to the house of David.  If this people go up to offer sacrifices in the temple of the Lord at Jerusalem, then the heart of this people will turn again to their lord, to Rehoboam king of Judah, and they will kill me and return to Rehoboam king of Judah.”  So the king took counsel and made two calves of gold. And he said to the people, “You have gone up to Jerusalem long enough. Behold your gods, O Israel, who brought you up out of the land of Egypt.” 

Jeroboam had taken ten out of twelve tribes of Israel away from Rehoboam, and was worried they would turn back if they worshipped at the temple in Jerusalem, where Rehoboam was king. Rather than trust God, he engages in ‘institutional thinking’ where a leader thinks about maintaining their position, authority, or reputation, rather than thinking about what God wants. ‘It's not the best thing, but …’

This kind of rationalization is behind most uses of NDAs, and the cover-up response to abuse in churches and Christian organizations. Whoever the king took counsel with gave him very bad advice.

Rachael Denhollander is a Christian attorney and the first woman to go public about the abuse of Larry Nassar. She advises: Pastors, if you are working with attorneys that suggest NDA's, you [are] getting counsel and guidance that is not asking what is right, good, or true. You need new counsel that will tell you the law accurately, but challenge you to do what is right.

The Cost of Rationalization

John 11:50 Nor do you understand that it is better for you that one man should die for the people, not that the whole nation should perish.

Here, Caiaphas rationalizes killing one man, Jesus, to protect an organization. Another example of ignoring biblical truth to protect an organization. In contrast, the good shepherd leaves the 99 (the organization) to protect the one (the individual).

Mark 7:10-12 For Moses said, ‘Honor your father and your mother’; and, ‘Whoever reviles father or mother must surely die.’  But you say, ‘If a man tells his father or his mother, “Whatever you would have gained from me is Corban”’ (that is, given to God)—  then you no longer permit him to do anything for his father or mother, 

This ‘standard practice’ legal maneuver to avoid caring for a parent goes against God’s clear command. Rationalizing NDAs by calling them standard practice ignores what God has said.

I Kings 15:30 Saul replied, “I have sinned. But please honor me before the elders of my people and before Israel; come back with me, so that I may worship the Lord your God.”

After Saul disobeys God and Samuel tells him his kingdom is taken from him, Saul asks Samuel to walk with him (for others to see) to worship YOUR God. God is no longer Saul’s God, but he wants the people to still think well of him. Saul seeks to preserve his image by giving a false impression. He still loses the kingdom.

Silencing and Hypocrisy in the Bible

Matthew 23:37 “O Jerusalem, Jerusalem, the city that kills the prophets and stones those who are sent to it! How often would I have gathered your children together as a hen gathers her brood under her wings, and you were not willing! 

Stoning the prophets was done to silence them and stop them from speaking the truth, especially speaking truth to power. NDAs silence those who could effectively speak to correct and reverse an organization’s misconduct. V.P. Scott Lamb at Liberty University began raising objections to Liberty’s mishandling of sexual assaults. He was fired, and

Liberty attempted to silence both him and the survivors with NDAs. Liberty was fined $14M for violating the Clery Act, which requires accurate reporting of violent crime, such as sexual assault.

Whitewashed Tombs: Appearance vs. Reality

Matthew 23:27-28  Woe to you, scribes and Pharisees, hypocrites! For you are like whitewashed tombs, which outwardly appear beautiful, but within are full of dead people's bones and all uncleanness. So you also outwardly appear righteous to others, but within you are full of hypocrisy and lawlessness.

They looked good on the outside, because what was wrong was hidden. NDAs used to manage a reputation can create a good public image, when the reality behind the scenes is wrong and destructive.

Continue Your Reading:

This is Part 2 of a two-part series on biblical teaching regarding the misuse of NDAs. In Part 1, I explore what Scripture reveals about silencing, reconciliation, and speaking truth.

Biblical Teaching on the Misuse of NDAs: Part 1

Also by Robert Leland:

🔗 When Positive Self-Talk Tells You It's OK to Silence Church Abuse Survivors — How churches rationalize silencing survivors and why institutional silence contradicts Scripture.

Author:

© Robert Leland, PhD

NDAFreeCampus

Scripture Attribution

Unless otherwise indicated, all Scripture quotations are from The ESV® Bible (The Holy Bible, English Standard Version®), copyright © 2001 by Crossway, a publishing ministry of Good News Publishers. Used by permission. All rights reserved.

Sources

1. Legal Services Board (UK). "The misuse of NDAs: Call for evidence themes and summary of evidence." February 2024.

   
   

2. Chan, A. L., Nichols, B. J., Daub, A., & Crossley, A. D. "Assessing the Impact of Non-Disclosure Agreements and Forced Arbitration Clauses on Survivors of Workplace Sexual Harassment and Discrimination." Clayman Institute for Gender Research, Stanford University, July 2024.

   
   

3. Can't Buy My Silence. "Story 90."

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