Filing A Sexual Harassment Lawsuit Under A Pseudonym

by | December 10, 2018 | Gender Discrimination, Harassment, Sexual Harassment

The Federal Rules of Civil Procedure generally require that a publicly filed lawsuit name all the parties involved.  However, under certain circumstances, plaintiffs can avoid disclosing their name by filing a lawsuit using a pseudonym (such as “Jane Doe” or “John Doe”).  Although the use of a pseudonym commonly arises in sexual harassment cases, some courts are reluctant to allow a plaintiff to proceed pseudonymously based solely on allegations of sexual harassment.  Other bases, such as reasonable fear of reputational damage or the risk of psychological harm if the litigant’s true identity is revealed, are often required for a plaintiff to proceed anonymously.

One common basis for proceeding pseudonymously is a plaintiff’s reasonable fear that they will suffer reputational harm and damage to their career and employment prospects if their true identity is revealed.  This is particularly relevant in the Title IX context, as cases alleging sexual abuse on college campuses have garnered significant media attention in recent years.

Courts have also allowed plaintiffs to proceed pseudonymously where public disclosure of their name is likely to result in psychological harm.  Courts have recognized that forcing a litigant who is currently undergoing psychological treatment to reveal their true identity may be detrimental to their progress.  See Doe v. Cabrera, 307 F.R.D. 1, 6 (D.DC 2014).

Notably, one relevant factor in determining whether plaintiffs can proceed under a pseudonym is whether their identity has thus far been kept confidential.  Thus, plaintiffs who publicly identify themselves in the media may not be permitted to proceed under a pseudonym.  As another example, a plaintiff whose name was publicly released in an underlying criminal proceeding may be precluded from using a pseudonym.  If, however, the plaintiff made significant efforts to preserve the confidentiality of his or her identity, the court may allow the plaintiff to use a pseudonym.  Compare Doe v. Oshrin, 299 F.R.D. 100, 103 (D.N.J. 2014) (allowing plaintiff to proceed via pseudonym where her identity was kept confidential throughout the criminal proceedings) with John Doe v. Trustees of Dartmouth Coll., No. 18-CV-690-JD, 2018 WL 5801532, at *4 (D.N.H. Nov. 2, 2018) (the fact that the plaintiff’s identity was not confidential in previous criminal proceedings weighed against the use of a pseudonym).

If you believe the public disclosure of your identity may result in reputational damage, retaliation, or psychological trauma, you may be able to file a lawsuit anonymously using a pseudonym.  Sanford Heisler Sharp has experienced employment discrimination and sexual harassment lawyers in New York, Washington, DC, Baltimore, San Francisco, San Diego, and Tennessee, who can assess the circumstances of your case.