Here are a few of those observations:
An employer should make clear to employees that it will protect the confidentiality of harassment allegations to the extent possible. An employer cannot guarantee complete confidentiality, since it cannot conduct an effective 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 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, 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 which employees can use to discuss questions or concerns about harassment on an anonymous basis.
I see nothing in all of that that forces employers much less a state government to do anything other than keeping the name of the minor out of the public eye. What you guys appear to be doing is whitewashing the affairs so it can be said with a somewhat straight face that something was done. There is NOTHING in the EEOC laws that says the perverts escape public wrath, nothing that says that other supervisors (House Leadership both past and present) that tried to cover up the sexual harassment gets to have their shame and their culpability hidden. In fact the last part of the EEOC statement says YOU have a duty to prevent and correct.
- Al Gerhart, Sooner Tea Party