Understanding Confidentiality in Sexual Harassment Cases
When it comes to workplace sexual harassment, maintaining confidentiality can be a complex issue. Employers are legally obligated to treat all allegations of sexual harassment with the utmost seriousness and conduct thorough investigations. If you’ve experienced workplace sexual harassment, you might be concerned about retaliation and want to make an anonymous complaint. Unfortunately, this isn’t usually an option as a formal complaint typically requires both your name and the name of the person you’re accusing.
While discussions with your employer or Human Resources should ideally remain confidential, complete privacy is challenging to achieve. The investigative process may involve interviews with witnesses and identifying the parties involved. However, the privacy of everyone concerned should be safeguarded at every stage of the process.
Legal Protections Against Workplace Sexual Harassment
The foundation for most sexual harassment complaints in the workplace lies in Title VII of the Civil Rights Act of 1964, which strictly prohibits such behavior. This law not only empowers victims to file complaints but also enables them to pursue lawsuits to seek damages for any losses they’ve incurred due to harassment. Title VII applies to employers with 15 or more employees.
In New Jersey, workers enjoy even more extensive protection under the New Jersey Law Against Discrimination (LAD), which bars sexual harassment in the workplace. The LAD applies to all employers, regardless of their company’s size or the number of employees they hire.
Confidentiality and EEOC Complaints
Many workplace sexual harassment complaints are directed to the Equal Employment Opportunity Commission (EEOC). To file a complaint with the EEOC, you must do so within 30 days of the incident. While the EEOC keeps the information confidential, they are obliged to conduct an investigation, which may involve disclosing your name and your allegations of sexual harassment to your employer. This must occur within ten days of the complaint being filed. However, the EEOC will never make this information public.
Non-Disclosure Agreements and Sexual Harassment
Confidentiality can sometimes hinder victims in sexual harassment cases. Historically, some employers required workers to sign non-disclosure agreements (NDAs) to avoid negative publicity. During the #MeToo movement, many victims refrained from coming forward because they had signed NDAs that prevented them from reporting harassment.
However, in November 2022, Congress passed the Speak Out Act, which banned NDAs in sexual harassment cases. It’s important to note that this Act only applies to NDAs signed before any harassment occurred.
Seek Legal Support for Your Case
At the Law Offices of Usmaan Sleemi, our employment lawyers in New Jersey have extensive experience assisting sexual harassment victims in obtaining the compensation they rightfully deserve. We’re committed to helping you protect your rights. Don’t hesitate to contact us at (973) 833-3459 or fill out our online form to request a free consultation where we can discuss your case and guide you through your options.
