Why Courts Often Reject Sexual Harassment Cases

Allegations of sexual harassment have penetrated almost every industry from entertainment to politics. Despite the efforts of the public to raise an uproar, the courts often reject sexual harassment cases.

According to NPR, only 3% to 6% of sexual harassment cases make it to trial due to the high standard under the law.

Why are sexual harassment cases so often dismissed by judges?

The law surrounding sexual harassment is ill-defined and many cases are thrown out because judges do not consider them “severe or pervasive” or that there was no intention on the part of the harasser.

For example, a case where an employee was groped may be thrown out simply because it was a one-time incident and therefore not pervasive, or because there was no direct skin contact, it was therefore not severe enough.

Of the cases that do go to trial, according to an NPR study, only 2% won their cases. More than a third were dismissed before the trial even began. Half the cases negotiated a settlement outside of the courtroom. This study also notes that many victims of workplace harassment never even raise a complaint about sexual harassment at work. Only 5% to 15% complaint to their employer about sexual harassment. Most do not, according to NPR, due to fear of retaliation.

Deborah Rhode, director of Stanford’s Center on the Legal Profession, says that part of the issue may have to do with the judges mostly being older and male. With time she believes that the newer generations will have more understanding of the psychological and emotional effects sexual harassment has on victims.

How can victims get their cases heard?

The #MeToo movement has helped lesson the stigma surrounding speaking up about sexual harassment in the workplace. More victims are fighting back and speaking out, which in turn, helps further highlight the pervasiveness of harassment in society and encourages people to take the issues seriously.

Speaking to an experienced attorney is the first step. Every case is different and it’s important to take the right legal steps in order to give your case the strongest chance possible.

For more information about sexual harassment cases, send us a message.