An employee asked me this about a friend of hers. Any feedback? : : If a person has a potential case (sexual assault) against a higher up in their company and they are wanting to go to HR for it, but the police have suggested not to go to HR for investigation reasons, but the person is struggling to do their job due to consistently being uncomfortable in interactions with the higher up in the company..... What are the HR requirements of confidentiality? Who other than HR

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Agree to go on short term disability leave as if there’s medical impact

Separately, think it’s totally up to the relationship between individual and company culture/ mutual respect on reporting to HR/ ER on this.

Finally, going on a medical leave and raise up to HR/ ER should not be an either one choice but can be mutually happening.

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Take time off. HR isn't legally required to protect you, and probably has a larger stake in protecting the higher-up. I wouldn't report it if you have an ongoing investigation that will end with a positive outcome (him in jail etc).

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I would absolutely recommend that the friend reports the incident to HR. The higher up employee should be terminated no matter their seniority. Hopefully reporting to HR leads to a termination. I don’t see how reporting to HR would interfere with a police investigation.

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Thanks for the feedback. The employee has decided to file a complaint with EEOC and hire a labor attorney.

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This happened at a company I worked at after I left. Once there was a case and HR was informed the individual was let go from the company. He was a VP level and the victim did not work for the company. Legal supported the termination package based on their ethics standards for executives.

Maybe they know about a close connection between the hr person and that person. My guess is the officer knows something we don't or maybe it would hurt the case against him. I would have her go to a mental health doctor and see if she can get short term leave. The PTSD of having to see that person daily world be aweful.

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Does the company have an Ombud or use a third party to manage short-term disability leaves? That’s what I’d recommend if possible.

Yes, depends on the employer and varies by state in the US, but many employers offer short or long-term disability leaves for mental health issues. A sexual assault would certainly cause most people anxiety and PTSD.

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