It can be intimidating to face sexual harassment at work. But for many, reporting that discrimination can be just as stressful. Find out why privacy in reporting sexual harassment is so important, and how you can protect your confidentiality and your dignity at the same time.

In this blog, I will discuss why privacy is important in reporting sexual harassment within a company. I will also address how informal negotiations and settlement agreements can protect the privacy of both employers and employees.

Title VII and Sexual Harassment

Title VII of the Civil Rights Act protects against gender discrimination and sexual harassment. The law prohibits an employer from basing workplace decisions on a person’s gender, or his or her responses to sexual advances. It also requires employers to take steps to prevent and address gender-based conduct that creates a hostile work environment. This could include:

• Unwanted requests for sexual favors
• Verbal harassment of a sexual nature
• Physical contact of a sexual nature
• Unwanted flirting or sexual advances
• Offensive remarks about a person’s gender or traits related to gender stereotypes
• Offensive comments about a person’s gender as a whole

These behaviors must be more than simple teasing or isolated, minor incidents. However, the more frequent or objectively objectionable the conduct, the more likely it will be considered illegal sexual harassment.

The Risk of Reporting Sexual Harassment

It can be intimidating to report any form of discrimination, particularly when the person you are reporting is your superior, manager, or boss. Many employees are rightfully concerned that if they complain about the way they are being treated it could get worse. They may fear retaliation in the form of negative reviews, unfavorable shifts or assignments, or even being terminated. Retaliation for filing a sexual harassment complaint is illegal, but it still happens. That’s why it is important that privacy be built in to any employee reporting procedure.

Ideally, any internal reporting procedure will allow for employees to report illegal sexual harassment and other forms of discrimination confidentially and anonymously. This protects the identity of the victims and witnesses and encourages people to come forward. In investigating these claims, human resource professionals and other decision-makers may well learn these identities. However, this information should be protected and not disclosed to the alleged harasser. This can be difficult in small companies with fewer employees, but it is important to protect staff from hostility and illegal retaliation for filing their complaints.

Resolving Sexual Harassment Privately

When internal complaints don’t work, you may need to file a complaint with the Equal Employment Opportunity Commission (EEOC). But many employees don’t want to file a formal complaint or lawsuit because they can be visible to the public. The EEOC’s informal investigation and negotiation processes protects employee privacy while still bringing the force of gender discrimination attorneys and EEOC investigators to bear in negotiating on your behalf.

When these negotiations work, they can result in confidential settlement agreements rather than a publicly accessible judgment. These settlement agreements can be tailored to your needs, whether that’s removing the harasser, giving you a different but comparable assignment, or paying for you to separate from the company entirely. It also protects you from having to testify in front of a judge or public jury about potentially private and sensitive experiences.

Privacy in Reporting Sexual Harassment Benefits Employers Too

Sometimes, keeping things private is mutually beneficial. There are many reasons why an employer may prefer a sexual harassment complaint to remain private, including:

• Negative effects on the business’s reputation
• Bad publicity from local and even national news
• Possible supplemental complaints from other employees in similar circumstances.

For example, a sexual harassment claim by news anchor Gretchen Carlson started a year of very public complaints and litigation against Fox News, CEO Roger Ailes, and reporter Bill O’Reilly. It resulted in expensive settlements and several high-level executives resigning from the company.

To avoid this, many employers will agree to various private resolutions to sexual harassment claims. This may include negotiations with your union representative or private sexual harassment attorney, or participating in EEOC informal resolution processes, private arbitration, or mediation.

Which method is best for you will depend on your circumstances and what you hope to accomplish from your sexual harassment complaint. At Eisenberg & Baum, LLP, we have sexual harassment attorneys ready to help you fight back against sexual harassment at work. We will meet with you and develop a strategy to protect your privacy and get you back to a comfortable working environment. Contact us today to schedule a free consultation.