becomes public. While employers do not always want the reputational harm that may come with a filed complaint against them, employees too have an interest in confidentiality. There is often value in knowing that the underlying facts are not in the public domain particularly if the victim is not yet ready to come forward in the public eye or complain publicly about a known figure such as an executive or other high-profile individual. Mediation is confidential both in terms of what is said during the mediation process but also the negotiations that take place. This confidential process allows the parties to speak freely about their allegations and defenses. The mediation process also gives the parties an opportunity to speak. This is a powerful process for many of our clients who want to feel heard in a setting that is not the courtroom. WWW.LAWYER-MONTHLY.COM 15 www.newyorkcitydiscriminationlawyer.com Conclusion In summary, there are many challenges facing employees when reporting sexual harassment at the workplace. These challenges occur throughout large and small companies and throughout many different sectors. It is necessary for employers to create a safe working environment by putting in place more effective reporting systems. Employees deserve to feel safe reporting sexual harassment and that their harassers will be held accountable for their actions. Supervisors hold decision-making power over a subordinate’s work environment... The power dynamic can create an environment where a subordinate is afraid to speak up to avoid jeopardizing their career trajectory.
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