and concerns so they can try to relieve any unnecessary anxiety about the reporting process itself. Psychological Barriers that Deter Complaints There are psychological barriers that deter victims from reporting sexual harassment. Often, sexual harassment in the workplace creates feelings of isolation in the victim. Victims often report feeling a mix of confusion, anger, sadness, and resentment when they are violated without consent. These emotional responses, along with feelings of embarrassment or self-blame, hinders people from reporting. Some are fearful that talking about their harassment may force them to relive the trauma. Even the complaint reporting process is distressing where an employee must provide accounts of sexual harassment or assault to an unfamiliar investigator. It is clear that society has failed to provide adequate protection for victims after they complain. A look at any news channel yields how unfairly victims are treated when they complain about harassment. Victims are unfairly blamed and made to feel as if they need to automatically prove their accounts with concrete evidence. Often, sexual harassment occurs behind closed doors and not every victim has a paper trail to support their allegations. Testimony is sometimes the only evidence that can be relied on when proving sexual harassment. That is why the power of one’s voice becomes crucial in the reporting process and why sexual harassment matters often hinge on credibility. Given this, it is easy to see why reporting sexual harassment is such a daunting experience for many employees. Sexual Harassment in Big Tech Companies and by C-Suite Executives It is important to recognize that discrimination does not discriminate – it exists in all employment settings, from small businesses to large tech giants. adds a level of reassurance that the employee desperately needs at that time. The employer should also explain the steps involved in their investigation and be transparent as to what will happen next. This transparency allows the victim to feel that their complaint is being taken seriously. Other times there is distrust that their complaint will not be kept confidential, particularly when the harasser is also their supervisor. It is important for employers to maintain confidentiality for the safety and protection of the reporter and to preserve the integrity of the investigation. Additionally, maintaining trust in the investigation and reporting process will encourage other employees to report sexual misconduct and allow witnesses to come forward. Witnesses may be fearful of providing statements if they themselves fear retaliation. It is common for employees who are still employed by the company to not corroborate another colleague’s events in fear of suffering an adverse action. Witnesses worry that if they come forward and tell the truth about another’s employees’ harassment then they are putting a target on their own back. This puts the victims in an unfortunate position because without witness corroboration, many sexual harassment incidents are unsubstantiated. Given all of this, it is important for employers to be cognizant of their employees’ trepidation employees feel about reporting sexual harassment. Fortunately for employees, being harassed by a supervisor is per se unlawful under certain statutes and can - and should - be reported. Lack of Awareness & Uncertainty about Outcome An employee’s uncertainty about the outcome of their sexual harassment complaint often serves as a further barrier for reporting misconduct. Many employees do not trust that their complaints will be handled appropriately and worry that the employer will minimize what they have experienced or fail to address the harassment entirely. There is sometimes a fear that the employer may try to cover up or protect the harasser instead of the individual making the report. Without confidence in the complaint and investigation process, an employee may be too apprehensive to come forward. The employer should relay confidence to the employee that their concerns will be addressed appropriately and that they will conduct a thorough investigation into their claims. Employers should also reassure employees that they will not be retaliated against for their complaint. Many employees lack knowledge as to their legal rights particularly as it relates to anti-retaliation laws. Reinforcing to the employee that there will be no negative consequences because of their report WWW.LAWYER-MONTHLY.COM 11 No one should have their job threatened or taken from them or receive any negative consequences solely because they are reporting unlawful activity.
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