Human Resource Blog

California Harassment and Confidentiality

An employee has approached the Human Resources department of our California company, wanting to know if complaints of “hostile conduct” can be anonymous, or if the complainant’s identity can be kept confidential. The employee fears retailation by a coworker if they complain. What should I say? 

While confidentiality can’t usually be guaranteed, it is illegal for a supervisor (or coworker) to retaliate against an employee who lodges a complaint. This is true, even if the complaint turns out to be unfounded. And, companies have a duty to protect the person who complains from retaliation. So the best advice is to go ahead and lodge a complaint.

 

(It’s not clear in this question if the “hostile conduct” is discrimination or harassment, or if it’s threats of violence. If it’s threats, that is probably a matter for the police, as well as the HR department.)

Bear in mind that anyone can complain about harassment – not just the victim. A Caucasian employee can legitimately complain of a supervisor’s bias against Asian employees.

When taking an employee’s complaint of harassment, no Human Resources professional can promise complete confidentiality. Most HR departments do try to keep the source of the complaint confidential, but it’s not always possible.

Every employer has the responsibility to investigate complaints of this nature. Sometimes it’s impossible to conduct an investigation while keeping the victim’s name a secret.

Suppose the HR department receives a complaint that John, a supervisor, is not allowing African American employees to take their meal breaks. This is a complaint that can easily be investigated without revealing which employee lodged the complaint.

On the other hand, suppose the HR department receives a complaint that supervisor John is making sexually inappropriate remarks to Mary. It’s going to be hard to interview John and other witnesses without revealing the fact that Mary is the alleged target of John’s unwanted attentions.  

In fact, if the issue goes to court, both California and federal law protect the alleged harasser’s right to know who is accusing him and what he is being accused of.

The California Department of Fair Employment and Housing does accept anonymous complaints of harassment or discrimination. Many company HR departments do not accept anonymous complaints, because it can be impossible to investigate them.