Employment Harm from Disclosure of Investigations of Workplace Misconduct and Sexual Harassment

39 Pages Posted: 2 Jun 2026

See all articles by Joni Hersch

Joni Hersch

Vanderbilt University - Law School; IZA Institute of Labor Economics; Vanderbilt University - Owen Graduate School of Management; Vanderbilt University - College of Arts and Science - Department of Economics

W. Kip Viscusi

Vanderbilt University - Law School; National Bureau of Economic Research (NBER); Vanderbilt University - College of Arts and Science - Department of Economics; Vanderbilt University - Owen Graduate School of Management; Vanderbilt University - Strategy and Business Economics

Date Written: March 02, 2026

Abstract

Internal investigations into allegations of workplace misconduct are undertaken on a confidential basis. But confidentiality cannot be assured. Investigated employees may be revealed by the investigation, including by word of mouth and by disclosure requirements to future potential employers. Based on an experiment fielded on a large nationally representative sample, this study provides the first evidence of direct employment harm to an employee investigated for workplace misconduct or sexual harassment. Subjects express considerable opposition to a callback of applicants who were investigated for workplace misconduct, even when the investigation did not find misconduct. The findings add to the evidence documenting that any association with stigma harms employment prospects.

Keywords: internal investigations, workplace misconduct, sexual harassment, pre-employment disclosures, hiring outcomes, allegations

JEL Classification: J01, J08, K00

Suggested Citation

Hersch, Joni and Viscusi, W. Kip, Employment Harm from Disclosure of Investigations of Workplace Misconduct and Sexual Harassment (March 02, 2026). Vanderbilt Law Research Paper , Available at SSRN: https://ssrn.com/abstract=6863259

Joni Hersch (Contact Author)

Vanderbilt University - Law School ( email )

131 21st Avenue South
Nashville, TN 37203-1181
United States
615-343-7717 (Phone)
615-322-6631 (Fax)

HOME PAGE: http://law.vanderbilt.edu/bio/?pid=joni-hersch

IZA Institute of Labor Economics ( email )

P.O. Box 7240
Bonn, D-53072
Germany

Vanderbilt University - Owen Graduate School of Management

401 21st Avenue South
Nashville, TN 37203
United States

HOME PAGE: http://business.vanderbilt.edu/bio/joni-hersch/

Vanderbilt University - College of Arts and Science - Department of Economics

Box 1819 Station B
Nashville, TN 37235
United States

W. Kip Viscusi

Vanderbilt University - Law School ( email )

131 21st Avenue South
Nashville, TN 37203-1181
United States
615-343-7715 (Phone)
615-322-5953 (Fax)

HOME PAGE: http://law.vanderbilt.edu/bio/?pid=w-kip-viscusi

National Bureau of Economic Research (NBER)

1050 Massachusetts Avenue
Cambridge, MA 02138
United States

Vanderbilt University - College of Arts and Science - Department of Economics

Box 1819 Station B
Nashville, TN 37235
United States
(615) 343-7715 (Phone)
(615) 343-5953 (Fax)

HOME PAGE: http://as.vanderbilt.edu/economics/bio/wkip-viscusi/

Vanderbilt University - Owen Graduate School of Management

401 21st Avenue South
Nashville, TN 37203
United States
(615) 343-7715 (Phone)
(615) 343-5953 (Fax)

HOME PAGE: http://business.vanderbilt.edu/bio/w-kip-viscusi/

Vanderbilt University - Strategy and Business Economics

Nashville, TN 37203
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
6
Abstract Views
22
PlumX Metrics