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Confidentiality and Retaliation in Sexual Harassment Claims

January 21, 2013

Author: NY Employment Lawyer Alena Shautsova

Sometimes people filing sexual harassment claims are concerned about keeping the filing confidential. According to the Equal Employment Opportunity Commission (EEOC), EEOC employees must keep the matter strictly confidential during the investigation. However, once charges are filed, the law requires the EEOC to disclose a copy of the charges to the employer and at that point all details about alleged discrimination and the person filing the charges are disclosed. The employer has the opportunity to review the information and dispute the charge.

Generally, persons filing charges must give their names and sign the complaint. There are cases where an organization or another person files charges on behalf of the person who has the complaint. In such cases, the EEOC only tells the employer the name of the person/organization filing the charges. Parents can file charges for minors or their mentally impaired children.

Retaliation is a term that refers to actions an employer takes to punish an employee for filing a claim or taking part in an EEOC investigation. Retaliatory actions may include demotion, firing or harassment. Retaliation is illegal and provides a basis for investigation and another harassment claim against the employer.

You must file a harassment claim with the EEOC or equivalent state agency before you can bring legal action. If the EEOC does not sue on your behalf, it will provide you with a Notice of Right-to-Sue.

If you face retaliation or harassment issues, discuss your situation with a New York employment lawyer. Find out about your rights.

Category: Discrimination