Sexual harassment and assault in the workplace are pervasive issues. According to the National Sexual Violence Resource Center, 38% of women and 14% of men have reported experiencing workplace sexual harassment, with the rate for women approaching 90% in certain industries. While some harassment is verbal—such as jokes, whistling, or sexual innuendo—some cases involve physical assault. A common question is whether these assault cases are public. The answer depends on whether the case is criminal or civil.
Yes, Criminal Cases Are Public
If a case involves the police, then the information is public according to the New Jersey Open Public Records Act. Consequently, arrests for assault will show up in a background check. A conviction or any court disposition is also public information unless criminal records are expunged.
A criminal record lasts forever. An arrest or conviction doesn’t simply “fall off” after the passage of several years.
Civil Sexual Assault Cases Are Different
Sexual assault can also form the basis of many personal injury or workplace harassment cases. These can take many forms, such as:
- Groping
- Rape
- Unwanted kissing
- Hugging** (in some instances)
These allegations might not be public. A lot depends on whether the case has made it to court or whether it settled outside of court before a lawsuit was filed.
For example, a worker might allege sexual assault at work, which is a type of sexual harassment. She might file a discrimination charge with the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights. She might also demand compensation as part of a severance package.
The EEOC will not disclose any filed discrimination charges, so those will remain private. However, if the worker filed a lawsuit against her employer, then that is public information. In theory, anyone could search the records at the courthouse and find out the allegations unless a judge sealed the legal pleadings. Some commercial background services can also find court records.
Non-Disclosure Agreements & Sexual Assault
Many employers accused of sexual assault (or accused of letting it happen) fear the allegations will become public. They might request a worker to sign a Non-Disclosure Agreement (NDA), which is a legal contract. The employee who signs agrees not to discuss the sexual assault in exchange for money.
The legality of NDAs for sexual assault is in flux. In 2022, Congress passed a law prohibiting NDAs for sexual assault, but only if the NDA was signed before the harassment. This type of pre-dispute NDA was often a condition of employment and is now illegal. New Jersey has also passed its own laws related to the use of nondisclosure agreements in sexual harassment cases.
It is crucial to contact an experienced lawyer to discuss whether an NDA is valid as part of a separation agreement or settlement. Our law firm will want to look at the agreement, as well as other factors.
Speak with an Experienced Sexual Harassment Lawyer
At the Law Offices of Usmaan Sleemi, we can help draft or review an NDA and any severance package. Our firm stays abreast of changes in the law and will always negotiate with your best interest in mind. Call us to schedule a meeting and discuss your legal options.