Courtrooms in the U.S. are open to the public, with a few exceptions. The exceptions involve proceedings in which highly sensitive national security matters are at issue and those that involve juvenile justice. A Florida lawyer would be able to explain this in greater detail.
Every member of the public has the right to attend trials and hearings in U.S. courts, both state and federal. In addition, all of the documents that parties file with courts are accessible to members of the public.
The justification for making legal proceedings accessible is that allowing public access to all aspects of court proceedings promotes transparency. This, in turn, leads to greater public confidence in the judicial system. These are fundamental values in our legal system, however, there are circumstances in which a litigant can prosecute a case using a pseudonym to give them anonymity.
When a party seeks to file a lawsuit under a pseudonym, i.e., using a fictitious name such as Jane Doe or John Doe, or conversely when a defendant in a case seeks to conceal their name, courts must balance the privacy interest of the individual or other entity against the public’s interest in having access to the information.
Court proceedings are public for a variety of reasons. The U.S. Supreme Court has expressed the importance of public court proceedings. Public criminal trials are thought to ensure that a fair and accurate process is followed to determine a criminal defendant’s guilt or innocence, because the public can bear witness to what goes on in courtrooms.
In addition, open trials educate the public about the justice system and allow citizens to see that justice is done in their courtrooms.
In a democracy, the public is supposed to take an interest in the fairness of the nation’s judicial system. Open trials provide the public with a demonstration of fairness or a lack of it, if that is the case. Some believe that open trials discourage perjury on the part of witnesses in trials and other types of misconduct as well as decisions based on secret bias.
The Supreme Court has ruled that the right of the public and press to attend criminal trials is guaranteed under the First and Fourteenth Amendments to the U.S. Constitution.
What Are Some Common Employment Law Scenarios for Anonymous Filing?
There are no common scenarios in Florida employment law in which an individual can file a complaint either with a state or federal agency or in a court of law against an employer anonymously or using a pseudonym. Filing a lawsuit anonymously would be uncommon.
For example, complaints involving Florida employment discrimination laws may often be filed by employees who have experienced what is also discrimination under the federal Title VII of the Civil Rights Act or the Americans with Disabilities Act (ACA). In order to file a complaint with the federal Equal Employment Opportunities Commission (EEOC), which must be done as a first step, the individual has to disclose certain formation in their complaint.
This includes their name, address, phone number and date of birth as well as their social security number and other information as well. Of course, the EEOC needs to know the identity of an individual who claims to have been the victim of discrimination. An individual has to sign their name to a complaint in order for the EEOC to start an investigation. After that investigation begins, the EEOC must tell the employer who has filed the complaint against them.
An individual may be able to remain anonymous in certain limited circumstances. One strategy is to have another person file a claim on behalf of another. For example, a witness to the harassment of one worker may file a complaint on behalf of that individual. The employer would be given the witness’s name and not that of the actual victim.
Of course, an employer has a legal right to know who has alleged that they engaged in discrimination and some information must be shared with an employer when a complaint is filed and the EEOC begins an investigation. The EEOC must share this information with the employer:
- The name of the person who claims discrimination
- Details about the discriminatory conduct claimed in the complaint.
An individual’s personal information, other than their name, is kept confidential from the public also. During the investigation, some other information may be shared with the employer if the EEOC is legally obligated to share that information.
What Factors Determine Whether a Plaintiff Can Sue Anonymously?
In some rare circumstances, an individual who wants to sue their employer may do so anonymously if their private interest in anonymity exceeds the public’s interest in open court procedures. When determining whether to allow the filing of a lawsuit anonymously, a court would weigh several factors as follows:
- Whether the individual is only trying to avoid the exposure of filing a lawsuit or whether they are sincerely trying to preserve extremely sensitive private information
- Whether revealing the individual’s identity poses a considerable danger of reprisal against them or others
- The individual’s age
- The possibility of unfairness to the opposing party.
These factors would be considered in cases involving alleged discrimination and as well as those involving wrongful termination in Florida. A court may consider additional factors that it views as relevant to the issue.
It is important for an employee to keep in mind that the Florida whistleblower law and federal law also protects individuals who complain about discrimination from retaliation by their employer.
The Florida Whistleblower Act Private Employer Law protects employees in the private sector from retaliation if they report their employer’s illegal activity or a violation of any public policy or practice. This would include, for example, an employee reporting such illegality as Medicaid fraud.
This state law, and federal law as well, should protect a person who complains of discrimination or wrongful termination from retaliation. These laws would help make suing anonymously unnecessary.
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What Are Florida Employers’ Rights Regarding Anonymous Lawsuits?
One of the most crucial reasons that employers and courts do not like anonymous lawsuits is that employers, as defendants in civil employment lawsuits, have a basic right to confront their accusers in court. It would be understandably difficult for an employer to fully investigate a claim by an employee if they do not know who has made a claim against them.
Courts may also object to an anonymous lawsuit because it is a breach of fundamental values that shape our judicial system and are generally respected in order to protect every citizen’s right to due process.
What if a Defendant Wants To Remain Unknown?
An employer could apply to a court or state or federal agency to be named by a pseudonym in a lawsuit in which they have been named as a defendant by an employee. As with the employee, the employer would have to convince a court that their need for privacy would outweigh the strong interest of other parties and the public in giving the public access to court proceedings except in rare cases.
While it is possible that a defendant could remain anonymous, it would only happen in the exceptional case.
Should I File Anonymously?
Filing a lawsuit under a pseudonym would be quite challenging. It would also be challenging to file a claim with a state or federal agency anonymously. It may be challenging to file a complaint with an agency openly using one’s true name.
An individual might want to consider very carefully whether filing anonymously is possible and worth the extra burden that it would place on the individual. An attorney consultation about this issue would be necessary.
Should I Hire an Employment Lawyer?
If you want to file a claim with an agency or a complaint in court anonymously, you want to consult a Florida employment lawyer. LegalMatch.com can connect you to a lawyer who understands this unusual area of the law. An attorney can give you your best chance at proceeding anonymously to protect your privacy.
