An employer should make clear to all employees that it will protect the confidentiality of harassment allegations to the best of its ability and to the extent possible.
An employer cannot guarantee complete confidentiality, since it cannot conduct an effective harassment investigation without revealing certain information to the alleged harasser and potential witnesses. However, information about the allegation of harassment should be shared only with those who need to know about it. Records relating to harassment complaints should be kept confidential on the same basis.
A conflict between an employee's desire for confidentiality and the employer's duty to investigate may arise if an employee informs a supervisor about the alleged harassment, but asks him or her to keep the matter confidential and take no action. Inaction by the supervisor in such circumstances could lead to employer liability. While it may seem reasonable to let the employee determine whether to pursue a complaint or not, the employer must discharge its duty to prevent and correct harassment.
One mechanism to help avoid such conflicts would be for the employer to set up an informational phone line that employees can use to discuss questions or concerns about harassment on an anonymous basis.