The damaging impacts of workplace sexual harassment and sexual assault are wide-ranging. Many fear that, if they speak up, they will become the targets of retaliation or further abuse. For some, the law may allow them to pursue justice without being “outed” as a victim. New York law permits certain victims to pursue their cases anonymously, proceeding using pseudonyms rather than their real names. If you have fears about coming forward or questions about possible anonymity in your case, you should speak to an experienced New York sexual harassment lawyer, who can detail your options for you.
Westchester County is the home to one recent sexual assault case where anonymity was a key issue. In the case, several employees of a local public library sued, alleging claims of battery, assault, sexual harassment, sexual assault, hostile work environment, negligent hiring and supervision, and intentional infliction of emotional distress.
The alleged abuser in the case was the president of the library’s board of trustees.
Of the four employees who sued, three proceeded anonymously. Those three were teens whom the trustee allegedly helped secure employment at the library. The fourth, C.W., was a woman who proceeded under her own name.
In the library case, the trustee and the board opposed allowing the three “John Doe” plaintiffs to proceed anonymously. The trial court, however, rejected the defense motion, thereby allowing the three plaintiffs to continue litigating anonymously.
The ‘Five-Prong Test’ for Anonymity and its Application
In ruling for the anonymous victims, the court noted that the Appellate Division’s Second Department established a “five-prong test to assist the Courts” in their determinations regarding plaintiffs proceeding anonymously. The test lists five factors, which are: “1) whether the plaintiff is challenging a governmental activity or an individual’s actions, 2) whether the plaintiff’s action requires disclosure of information of the utmost intimacy, 3) whether identification would put the plaintiff, or innocent third-parties, at risk of suffering physical or mental injury, 4) whether the defendant would be prejudiced by allowing the plaintiff to proceed anonymously, and 5) the public interest in guaranteeing open access to the justice system.”
In the library case, the trial judge noted that the lawsuit was “of a sensitive nature” and included allegations of “various forms of unwanted sexual assault and battery.” The three anonymous victims each gave the court affirmations stating that “disclosure of their identity would compound their trauma, expose them to potential retaliation, stigma and further emotional harm in their community.”
Additionally, the facts in evidence indicated that prejudice to the defense was minimal. When a court considers potential prejudice to a defendant, the judge will often look for evidence that the victims’ anonymity has or will impede the defense’s ability to investigate the matter, or to prepare and present their case.
In the library dispute, the two sides had litigated the case for six years, and the defendants acknowledged that they already knew the true identities of each of the three “John Doe” plaintiffs, having deposed all three. This proof demonstrated that “defendants have not been hampered in their ability to investigate, prepare and present their defense.”
Survivors of sexual assault or sexual harassment reasonably may have profound concerns about speaking out. It is a major decision and a brave step. A survivor may fear retaliation, additional trauma, and more. The knowledgeable New York sexual harassment attorneys at Phillips & Associates, PLLC understand just how sensitive these matters are to survivors. Our team is also highly experienced in fighting for survivors and using the tools the law provides, such as proceeding anonymously, to help our clients achieve a just outcome that also protects them. To learn more about how we can help you, contact us online or call (866) 229-9441 to schedule a free and confidential consultation today.