Can the Accused ask for the name of the Accuser - Workplace Sexual Harassment

[jwhiteuwc]

What is the name of your state (only U.S. law)?
Wisconsin
2 questions. If there is a writen company policy to keep the name of the accuser confidential if at all possible and in turn the company provides the name of the accuser freely (accused is a supervisor and just asked who it was so he could appologize and they supplied the persons name without consent from the accuser) is there somesort of discrimination or other legal matter based on the policy or Right to privacy violated?
The accuser is a 1/2 time employee and asked not to be named and if they could not comply then she did not want to report it because of the harsh work envoirment that would take place afterwords. The employer stated that her name would be kept private, but in fact did just the opposite
Now the company is asking that the accuser meet with the accused so he can appoligize, does this persona have to face the person she accused at the workplace if asked by her superviores or CEO?

Thank you for any information you can provide.

 

[cbg]

The simple fact is that there is no possible way to conduct an investigation in such a way that there is NO chance for the accuser's name to come out. The company doesn 't have to come right out and say, "Anne Jones accused you". If Fred Smith harassed Anne Jones and the company starts asking questions about harassment, it doesn't take Einstein to figure out that Anne Jones is the one who complained.

 

[jwhiteuwc]

Very true. Although there is mutiple accusers in this situation that wish to remain anonymous and were told they would be and were not. My guess is that it's just assine and unprofessional that the company's CEO says they will keep the names private, however they hand out the names like candy, but the accuser has and can do nothing about it.

Now can the employer make the accuser meet with the accussed so he can offer an apology? She would rather not speak to him unless nessesary and wants to be professional about it, but would rather just keep the distance at all possible. All she really wants is for the comments to stop.

 

[las365]

For the sake of this answer, I am taking the complaint of sexual harassment as fact and not an innocent misunderstanding.

You do not have to meet with the person who has sexually harassed you so that he can apologize, but it would probably be in your long-term best interest to do so. The employer could fire you for refusing, though they probably wouldn't. You should insist that an HR representative be present.

If there is a single incident of harassment or any kind of retaliation afterward, file an EEOC complaint and see an attorney right away.

 

[jwhiteuwc]

Thanks for the answers. This is not a innocent misundersanding as the comments and emails have been going on too long. Thank you for this information and I'm welcome to any more suggestions or comments regarding this matter.

 

[Beth3]

If there is a writen company policy to keep the name of the accuser confidential if at all possible Not that the policy states "if at all possible." When investigating complaints of SH, it's extremely difficult, if not impossible in some situations, not to inform the accused of who made the complaint. The employer needs to determine if the complaint is credible and if so, take the appropriate steps to make the harassment cease. That includes getting the accused's version of the events - which is impossible to do when all you tell that person is "Some employee who we won't named has accused you of SH. What do you have to say for yourself?"

Now what the company can and should do is inform every individual they speak with as part of the investigation that the discussion and everything related to it is strictly confidential and may not be discussed with others. Of course it's not possible to guarantee each individual will comply with that dictate.

Now the company is asking that the accuser meet with the accused so he can appoligize, does this persona have to face the person she accused at the workplace if asked by her superviores or CEO? No, you don't have to but it probably would be a good idea to agree - provided an HR rep is present. You and this individual will still be working in the same workplace and it might make you feel more comfortable, as well as show management you're acting in good faith.