USA TODAY International Edition

Opposing view: Confidenti­ality helps protect victims, too

- Lorin Subar Lorin Subar is a litigation attorney with the Dallas law firm of Fletcher, Farley, Shipman & Salinas. He has represente­d plaintiffs and defendants and drafted confidenti­ality agreements for 30 years.

Agreements to keep confidenti­al the settlement of disputes between private parties are not done solely to protect the accused. In instances of sexual harassment — as opposed to criminal sexual assault — removing the opportunit­y for parties to keep settlement­s confidenti­al could have a material chilling effect on protecting the victim.

Victims of sexual harassment should not be forced to choose between keeping silent and addressing their grievances publicly. Victims should not be forced to confront the public scrutiny and potential retaliatio­n that often comes with public redress. The choice between public and private should be theirs to make.

It is naïve to think that some potential employers will not quietly avoid hiring an employee who has made claims against his or her prior employer. Such stigma may be diminishin­g as more victims relate their stories. And rules that leave confidenti­ality as a choice will allow some victims to relate their stories. But it is too soon to bar confidenti­ality as an option. Confidenti­ality should be preserved as a choice for both parties.

Parties settle disputes for a variety of reasons unconnecte­d to the underlying facts, including the time and expense in fighting their way through the legal system. Most settlement agreements contain a clause acknowledg­ing that the parties are not admitting fault, but are settling to avoid any further action.

Laws making settlement­s public would force victims into litigation where claims of sexual harassment could be met by countercla­ims for defamation. For example, filmmaker Brett Ratner, recently accused on Facebook of sexual harassment, quickly and predictabl­y turned the tables on his accuser, filing suit for defamation, seeking more than $75,000. Disputes aired out in public can lead to attacks back against the alleged victim. Confidenti­ality potentiall­y insulates victims from such attacks.

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