Navigating Confidentiality and Privacy: Reporting Sexual Harassment Without Fear

Victims of sexual harassment in the workplace are often afraid to come forward and report their cases. They may second-guess their experience, doubt that the management would believe them, or fear damaging professional relationships.

If you’re a company leader or an HR team member, you should encourage fear-free reporting of workplace harassment. If you’re the victim, know that the law protects you and that you should never put up with sexual harassment at work. Let’s look into five steps companies should take to ensure safe and confidential reporting of harassment. 

1. Establish a Clear Policy for Handling Sexual Harassment Complaints

As a company leader, you must ensure that when an employee comes forward to report harassment, whoever is responsible for handling the issue knows what to do next. Train your managers and supervisors in the proper handling of sexual harassment complaints.

A zero-tolerance published policy could prevent many workplace harassment cases. Your policy should make it clear to all employees that the company will investigate every harassment report quickly and thoroughly and take disciplinary steps against harassers. Include examples of unacceptable conduct. 

Also, all employees should know what to do if they encounter sexual harassment, whom to contact, and how to submit a complaint form. Stress that every company worker can count on safe, private harassment reporting without retaliation.

2. Be Alert to Sexual Harassment in the Workplace

Sometimes, an employee may disclose they’re suffering harassment outside the company’s official channels — for example, in a private conversation with a coworker. Maybe they’ll make an inquiry first (“If I complained about sexual harassment, how would the company handle it?”), or perhaps a team supervisor may notice problematic behaviors even though the victim hasn’t come forward yet.

In any case, the company is responsible for investigating any potential instance of sexual harassment. If an employee reports such behavior, let them know the organization takes their complaint seriously and will look into it immediately.

3. Ensure Privacy in Sexual Harassment Reporting

Confidentiality is often a prime consideration for employees who plan to report harassment. A worker who suffered sexual harassment may be traumatized, stressed, and afraid of the possible consequences of submitting a complaint. 

Whoever is responsible for dealing with harassment complaints in the company should ensure the reporting employee that their private information is safe and that the company will do everything to conduct the investigation discreetly. HR teams and supervisors should receive training on navigating privacy in reporting misconduct.

4. Protect the Victim From Retaliation

An employee who considers reporting sexual harassment may be concerned that the harasser could retaliate against them. They may fear that the complaint will harm their career or even lead them to lose their job. The above is doubly true if the perpetrator is the victim’s manager or direct supervisor. 

Let the victim know that the law protects them from retaliation, regardless of whether a later investigation proves their claim to be true. Tell them that they don’t have to fear reporting harassment or abuse. Assure them you’ll take appropriate steps against the harasser if they try to take revenge on them for complaining.

5. Run an Efficient, Unbiased Investigation

When a worker reports sexual harassment, the company should look into their claim at once. It’s crucial not only for the individual worker but also for the company culture as a whole. 

Investigating sexual harassment reports requires a lot of professionalism, empathy, and sensitivity. It’s important to offer support to the employee who reported harassment. At the same time, whoever is looking into the complaint should avoid jumping to conclusions until they’ve interviewed all the people involved, including any witnesses. 

What If Your Employer Fails To Protect You From Harassment?

Employers must provide efficient, confidential channels for reporting harassment. Workers should know that the company stands behind them and will protect them from harassment, bullying, and abuse. 

Sadly, this isn’t always what happens. You may feel shocked and betrayed if you report harassment only to have your managers doubt you or fail to suggest an efficient solution to stop the harassment. 

If your company didn’t treat your harassment complaint seriously, failed to stop the harasser’s behavior, or retaliated against you, please know that you’re entitled to protection under state and federal law. Talk to a sexual harassment employment lawyer and learn your rights. 

Kent Pincin: Advocating for Workplace Sexual Harassment Victims in California

Did you suffer sexual harassment at work? Do you believe your company didn’t do enough to resolve the issue, or did your work conditions worsen because you complained of harassment? You may be entitled to compensation. Contact us at Kent Pincin, and our legal team will look into your case and explain what you should do next. 

Call 310-376-0922 or contact us online to consult a workplace sexual harassment lawyer.