What do you mean by "formal complaint"? Writing a letter to HR? Contacting the EEOC for advice? Having EEOC talk with your company? None of those need be public.

The goal for alternate dispute resolution methods is to avoid the full machinery of the courts, which is expensive and takes time. Nor do I agree with the "if we're making analogy with the legal system" .. courts like ADRs as well, for the same reason, and according to http://en.wikipedia.org/wiki/Alternative_dispute_resolution "some courts now require some parties to resort to ADR of some type, usually mediation, before permitting the parties' cases to be tried"

So if we're making the analogy with the legal system, then confidential mediation for workplace problems corresponds to confidential mediation in the court system. There's no need to compare it to settlement/plea bargaining.

There's no way a jury would be involved. The specific complaint is "MIT policy on sexual harassment was found to be violated." MIT's policy could be stricter than the bare minimum required by EEOC or Title IX. Do you really want external juries to decide what internal policies mean?

You have a very romantic and false view of what the old days were like. Blacklists have been used since at least the late 1800s to fight unionization, and the Hollywood blacklist prevented people who were believed to be sympathetic to communistic causes from working. This was all pre-internet, and pretty much at the start of the time when people could 'leave town and be able to continue their life elsewhere'.

As a specific example, my g'grandfather left his wife in the US and got remarried in Canada - without divorcing his first wife. Eventually work got around that he was a bigamist, and he was arrested and jailed.

(And woe be a German speaking member of the Amish in New York in the 1700s, or a black slave in the south, or a serf in feudal society! Really, your 'move to another town' view of our ancestors was until recently only really possible for the privileged few.)

You assert that "Transparency is better for society". You have no evidence for your beliefs. While I have evidence against it. A transparent society can't work when there's a power imbalance. The list of mining company owners is public, but the unionizing workers had no power over them. Publishing the blacklist wouldn't change anything. In NAACP v. Alabama, the employee list of the state of Alabama was public, but the membership list of the NAACP was not. The courts wrote:

> "Immunity from state scrutiny of petitioner's membership lists is here so related to the right of petitioner's members to pursue their lawful private interests privately and to associate freely with others in doing so as to come within the protection of the Fourteenth Amendment"

Making that membership list public would certainly have lead to retaliation against the members. Your call for a transparent society is, quite literally, un-Constitutional and would break that "ancestral legal environment" that you praise elsewhere. Plus, you want to abolish medical privacy and other laws we already have, like the Video Privacy Protection Act put into place after Bork's video tape rental history was published for the world to see.

You mention FOIA requests. You do realize that FOIA requests can take years to resolve, right? If someone is violating workplace rules (let's say a ban on drinking caffeine at work), do you really think that a multi-year process, with recourse to the equivalent of a defense attorney, is appropriate before being able to carry out any corrective action?

Also, FOIA requests are not made public, and don't contain accusations. You propose that every single claim be made public, yet somehow believe that won't be used to bring the "powerful weapon" of the internet to bear on innocent people?

Could you at least try to answer my questions? Since I feel like all I'm getting from you is unsubstantiated belief, with no understanding of the difficulties, or the historical realities. It comes across like you are from a privileged position in life, eg, as a member of a majority ethnic, religious, etc. group which has never had to worry about how public knowledge of who you are can lead to social ostracism or physical punishment.