If you are facing sexual harassment at work, you may feel torn between wanting to explore your legal options and not wanting your boss to find out you talked to a lawyer. You may be worried that you could be fired — or your work life could get worse — if your boss finds out you talked to a sexual harassment attorney. Find out what an attorney can do to protect your privacy and what you can do to protect yourself.

In this blog post, I will review attorneys’ professional responsibility of confidentiality, and what that means for employees facing sexual harassment. I will also explain how federal civil rights laws protect against retaliation. Finally, I’ll provide five tips to protect yourself from retaliation if you decide to talk to a sexual harassment attorney.

Sexual Harassment Attorneys Commit to Confidentiality

All lawyers are required to comply with professional responsibility rules designed to protect our clients from harm caused by our work. One key rule is attorney-client confidentiality. Every state’s language is slightly different, but generally speaking, this rule says attorneys may not reveal information relating to their representation of a client without the client’s consent. Lawyers are also required to take reasonable steps to prevent accidental disclosure of a client’s information.

Attorney-client confidentiality starts at the consultation. Even if we determine that you don’t have a claim, or you decide to proceed without us, it is our job to make sure your privacy is protected.

Sexual harassment lawyers take attorney-client confidentiality very seriously. We understand the sensitive nature of our work, and the possible effects of early disclosure. We will work with you to ensure that you are safe before your employer learns you have sought private legal advice.

Sexual Harassment Retaliation Is Illegal

Title VII of the Civil Rights Act says that sexual harassment at work is illegal. It also goes further to protect employees investigating possible sexual harassment claims by prohibiting retaliation. It is unlawful for an employer to punish job applicants or employees when they assert their rights under Title VII. Your employer may not retaliate you for any “protected activity” including:

• Filing an internal complaint, union grievance, EEOC complaint or federal lawsuit
• Participating in an employer or EEOC investigation as a party or witness
• Communicating with a supervisor or manager about workplace harassment
• Refusing to participate in harassment or discrimination
• Resisting sexual advances or intervening to protect others
• Asking about salary information

You are protected from retaliation even if it turns out you don’t have a valid sexual harassment claim. You employer could face charges for retaliating against you as long as you reasonably believed you were working to protect your rights or the rights of other employees to be free from discrimination. You could potentially be terminated or disciplined for unrelated reasons during an investigation, but your employer cannot legally do anything to discourage someone else from complaining about future discrimination.

Retaliation is its own cause of action. That means it applies even if your meeting with a sexual harassment lawyer ends without a case being filed. If an employer disciplines you for meeting with a lawyer to discuss your rights, that alone is enough to file an EEOC charge or federal lawsuit.

5 Ways To Protect Yourself From Retaliation If You Talk to a Sexual Harassment Attorney

Retaliation may be illegal, but it still happens. It is always better to avoid the hurt and financial damage caused by an unlawful termination than to be compensated after the fact. Here are some things you can do to protect yourself if you talk to a sexual harassment attorney and are worried about retaliation.

1. Don’t Talk About Your Complaints With Coworkers

It can be tempting to vent your frustrations about sexual harassment with your coworkers at the office. But if you are concerned about retaliation, it is better to keep your complaints to yourself. The unfortunate truth is that even your closest working friends may feel pressure to reveal what they were told to save their own jobs or advance their careers. Open offices, communal break areas, and factory floors are also great places for gossip. If your conversation is overheard it could quickly get back to your supervisor.

2. Don’t Use a Company Email or Smartphone

It is easy to assume that what happens through email or private message will stay between you and the recipient. But if you are using a company email server or smartphone, your boss may have the ability to view your communications. Always use private equipment to connect with your sexual harassment attorney. It may be inconvenient, but it is the only way to ensure your privacy and protect against retaliation.

3. Don’t Keep Your Harassment Logs in the Office

In many sexual harassment cases, your attorney will advise you to create a harassment log. Whether in electronic form or a paper binder, this log gathers the evidence your employment discrimination lawyer will need if the case goes to court. But the log can also be used against you and prompt retaliation if your manager gets a hold of it. Be sure to bring your harassment log home with you every day, or better yet, keep it outside the office altogether.

4. Don’t Take Attorney Calls on the Clock

Developing a sexual harassment claim often takes time, and repeated communication with your lawyer. But even if your boss hasn’t figured out how to monitor your emails, he or she probably knows how to eavesdrop. When your sexual harassment lawyer calls while you’re on the job, don’t take the call. Unless you are immediately able to step away to someplace private, let it go to voicemail. You may also want to schedule calls for your lunch break (off site) or after the end of your shift.

5. Don’t Post on Social Media

Today many people choose to live a very public life. They post about every aspect of their lives on social media, from the death of a loved one to what they ate for dinner. But if you are at all concerned about retaliation, you should make an exception for your sexual harassment matter. When it comes to ongoing legal issues, mum’s the word on Facebook, Twitter, Instagram, or any other social media platform. Don’t post anything about the issue — you meeting with the lawyers, your decision, or even what is happening at work. Remember that if your case goes to trial, whatever you post could become evidence for your employer.

By the time sexual harassment pushes you to speak to an attorney, it can seem all-consuming. You may rightfully fear that your boss will find out and retaliate against you. But by being discrete and protecting your privacy, you and your lawyer can help you ensure that a consultation doesn’t cost you your job.

At Eisenberg & Baum, LLP, our experienced workplace harassment attorneys take your privacy seriously. We will meet with you confidentially to review your case, and your options, and help you decide when, where, and how to file your claim. Contact us today to schedule a free initial consultation and get your case started.