How To Sue For Sexual Harassment

Should you sue for sexual harassment?

Major scandals across multiple industries have brought the issue of sexual harassment into the spotlight.

While women have faced sexual harassment throughout history, the #metoo and #timesup movement have given victims a renewed voice and an opportunity to hold their harassers legally responsible for their actions. More victims than ever are looking to sue for sexual harassment.

Settlements for sexual harassment have been upwards of millions of dollars. Just last year, it was reported by the Times that the Fox news host, Bill O’Reilly, paid a $32 million settlement to a longtime Fox news legal analyst who had accused him of repeated sexual harassment.

The media and Hollywood are not the only industries where sexual harassment is pervasive. Sexual harassment can occur in any workplace including, but not limited to law, politics, tech, engineering and healthcare.

What is sexual harassment?

In the U.S. it is unlawful to harass employees and applicants because of their sex. According to the U.S. Equal Employment Opportunity Commission (EEOC), sexual harassment can include, “unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.”

Additionally, the EEOC states that the offense does not have to be of a sexual nature. It’s illegal to harass women by being offensive about women in general.

Can men be victims of sexual harassment?

Men can be victims of sexual harassment. Victims and harassers can be women or men. The victim and the harasser can be different sexes or the same sex. Harassers can be supervisors, business owners, coworkers, or customers.

How can victims sue for sexual harassment? But first, when is a sexual harassment case serious enough to sue over?

To have a case, the sexual harassment the victim experienced must have been pervasive. A single off-hand comment is not enough. Sexual harassment is illegal when it is so severe or frequent that creates an offensive or hostile work environment. Victims can also pursue legal action if the sexual harassment adversely affecting their employment status. It’s illegal if an employee was retaliated against for speaking up and fired, demoted, or lost benefits as a result.

Many companies have policies and training programs in place to prevent sexual harassment in the workplace. These companies will tell their employees to speak to a manager or the human resources department if they have experienced sexual harassment in the workplace. However, this is mostly so that companies can halt sexual harassment and prevent a lawsuit against the company. This doesn’t necessarily mean a proper investigation will be conducted or that appropriate actions will be taken against the harasser. Instead, companies may try to silence victims or retaliate against them for speaking up in order to avoid costly and time-consuming lawsuits.

How can a victim go about suing for sexual harassment in the workplace?

The only person that has the victim’s best interest fully in mind is the victim. They must actively protect themselves.

Victims of sexual harassment may be entitled to compensation. First, determine if you have a case. If any of the following are true, you may have a case.

• Is what you experienced sexual harassment according to the EEOC definition above? Was the harassment pervasive and did it create a hostile work environment? Or, were you retaliated against by your employer? Would you consider leaving your job because of the sexual harassment?
•  Are there any witnesses who could support your account of events of the sexual harassment? Would they be willing to put their account in writing?
•  Do you know of any others at your company who have also filed sexual harassment complaints or are interested in doing so?
• While not necessary, it may be helpful if you have written correspondence between you and the harasser showing times and dates of harassment.
• Did you complain to a manager or file a sexual harassment complaint to human resources. Was the complaint taken seriously? Was the matter promptly investigated? Did you face adverse employment decisions as a result of complaining?

What is a victim’s sexual harassment case worth?

Successful sexual harassment claims may entitle victims to significant damages (financial compensation). These can compensation for back pay and pain and suffering as well as punitive damages. Laws very by state, so check with your attorney.

Back pay is any benefits, wages, promotions, commissions, or other compensation that you would be entitled to, but were denied because of sexual harassment.

Pain and suffering include distress that you suffered as a result of sexual harassment. It also includes any damages to your reputation and costs of medical bills.

Punitive damages are awarded by the court and are used to punish companies for poor behavior. For instance, if the human resources department was aware of the illegal sexual harassment occurring in the workplace and they failed to do anything about, then the court may punish the company by awarding punitive damages.

What is the first step to filing a sexual harassment lawsuit?

Find out if you have a strong case by consulting with an experienced and knowledgeable sexual harassment attorney.

Free Harassment and Discrimination Case Evaluation