Speak No Evil: Should Churches Use Non-Disclosure Agreements?

Recently, I had the opportunity and joy to consult with a church that utilized non-disclosure and non-disparaging agreements (often known as NDAs) with their staff. While the specific arrangements of the NDAs were never mentioned to me, the church (and former staff) was experiencing corporate pain because of their implementation. Should churches use NDAs and, if so, how?

For a brief background, NDAs began in the tech world to protect sensitive data and proprietary information. They started with a very limited scope, but since the early 80’s NDAs have worked their way into American life with an estimated one-third of companies using NDAs in their organizations.[1]

Not everything about NDAs is bad. Used in a limited scope, NDAs can be beneficial. For example, if a staff member is privy to sensitive financial information or is counseling parishioners, the church’s leadership may want to use an NDA to ensure appropriate confidentiality. This can be a way of building trust and confidence, particularly in a large church setting.

Yet for all the good of limited scope NDAs, they have often been used as a form of domination and keeping sin in the dark. News, such as Willow Creek’s and Ravi Zacharias Ministries’ use of NDAs, has suggested that NDAs helped suppress victims and perpetuate a culture of sin.[2]

Pastors and staff (not to mention parishioners) have spoken out in recent years about how devastating NDAs can be to their families and spiritual lives. All of this has rightly drawn suspicion to ministries that use broad scope NDAs. Because of the abuse, some Christian leaders even as high as the Archbishop of Canterbury have denounced the use of NDAs in a church context. 

To use NDAs in a spiritually healthy manner, church leaders must learn to rely on the Lord, especially for their reputation. One of the big fears is that a disgruntled ex-employee will tarnish the good name of the church or leadership.

Let us not forget that the Lord is our protector (Psalm 18:2-3). There are many events in Scripture where individuals sought to undermine God’s people, yet ultimately His will goes forth and His people are vindicated.

For example, in 2 Samuel 16, Shimei curses King David to everyone he sees and even in David’s presence over what Shimei perceived as an injustice. One of David’s leaders asks to kill Shimei (the ultimate NDA), yet David calls for restraint as he trusts the Lord for his reputation. Joseph is another prime example of someone who was lied about (and even thrown in jail because of it!) yet God used that time to grow Joseph into the man who would end up becoming a high-ranking official in Egypt.

Faithful Christians have always had people try to destroy their reputation, just ask the martyrs. Yet their reputation is in God’s hands. Even if falsely maligned in this life, they will be exalted in the next. We should put our faith more in the Lord than in a non-disparaging agreement.

At the end of the day, when NDAs are enforced, they sever a relationship and wound the body of Christ. If NDAs are used standardly with a church staff, one must wonder what kind of culture is in the DNA of the church – and whether that culture operates out of the business world’s sense of expediency or in Christ where His people are one Body.

As Christians, our business is with the light, not darkness. It is with the truth, not cover ups. While there is sensitive information that must be safeguarded, NDAs should be used cautiously and be limited in scope. They should never be used to strong arm hurting staff into silence. These are our brothers and sisters. And just as importantly, they are a part of the local church, the Body of Christ. No part of the body should be threatened with silence. We are to hear one another, even if that word is painful.

If you need NDAs to protect your church from division or dissension, the odds are that the fear of staff members speaking out is not your problem. There is more likely broken trust between leadership and parishioners – something which Christ may have against your church. If the root cause of the broken trust is not addressed in a timely manner, NDAs will be the least of your problems.

If your church is struggling with painful episodes from your past or present, and you want to address it, hear from God, and be healed, I encourage you to check out blessingpoint.org and see if God is leading you to a conversation with us.

Rev. Dr. Dave Scafide is pastor of Manchester Baptist Church. He is the husband of Joy and the father of four active boys. Dave also serves as a facilitator with Blessing Point Ministries, which works to heal churches from painful crises.

[1] https://hbr.org/2018/01/ndas-are-out-of-control-heres-what-needs-to-change

[2] https://www.relevantmagazine.com/current/the-woman-who-was-sued-by-ravi-zacharias-is-asking-the-family-to-release-her-from-her-nda/