Workplace sexual harassment is a serious issue that affects many people nationwide. It can create a hostile work environment and lead to loss of productivity, emotional distress, and even physical harm. As a result, both state and federal law consider workplace harassment a grave offense. Because of this, those who suffer from this type of harassment are eligible to collect damages from the responsible parties.
What Constitutes Sexual Harassment in the Workplace?
By law, employers must provide a safe work environment free from all types of harassment. An employer who fails to do this can be held legally responsible for the consequences. Sexual harassment covers a wide variety of behavior. To qualify, the harasser’s behavior must be unwelcome. Whether the person physically touches you or makes suggestive remarks, if you are not OK with it, then it may qualify as harassment.
Some forms of sexual harassment create what is known as a “hostile work environment,” meaning the behavior is unwelcome and creates a workplace environment that is inseparable from the harassment. For example, if a supervisor or co-worker makes sexually suggestive comments daily, the behavior would be considered pervasive or severe.
Quid pro quo sexual harassment is another form of workplace harassment. If a superior demands or asks for sexual favors in exchange for some benefit or to avoid some type of work-related punishment, this certainly qualifies as unlawful workplace harassment.
Finally, it is also unlawful for an employer to retaliate against an employee for filing a sexual harassment complaint or posing as a witness in such a case. If an employer fires or punishes an employee, additional penalties could be added to the existing lawsuit.
Who Can Be Held Accountable for Workplace Sexual Harassment?
You have the right to hold the person or party who sexually harassed you accountable. However, many people who have suffered sexual harassment in the workplace are unaware that several different parties may be at fault.
If a single person, such as a co-worker or supervisor, harassed you sexually, you can sue that person. You may also be able to sue your employer for allowing the actions to take place or failing to stop them.
In some cases, there is a company-wide culture of workplace harassment that harms many people. If several workers in your organization suffered sexual harassment due to a flawed policy or at the hands of the same person, you may be able to sue jointly through a class action lawsuit.
Potential Damages for Those Suffering Sexual Harassment in the Workplace
The potential damages for a workplace sexual harassment lawsuit can vary widely. No two cases are alike. The amount of the settlement or verdict you can collect will depend on many factors, such as the severity of the harassment, the length of the harassment, the actual damages suffered, the negotiation skills of your lawyer, and any caps on damages based on the jurisdiction.
Potential Damages in Sexual Harassment Cases
There’s no guarantee of any specific case outcome. But here is a list of the potential damages you may be able to collect in a workplace sexual harassment case:
- Lost wages. Lost wages refer to any income you’ve lost due to the harassment. This can include lost wages because you had to quit, were fired, or had to take a lesser-paying job to escape the mistreatment.
- Emotional distress. Many people who experience sexual harassment will also experience various forms of emotional distress, such as shame, embarrassment, anxiety, depression, and reputation loss. These damages are meant to compensate you for this suffering.
- Punitive damages. Punitive damages are additional damages that are intended to punish the responsible party for their actions.
- If you’ve lost your job due to the harassment and want it back, this is something you can negotiate through a settlement or ask the court to award.
- Changes in practices and policies. When a company’s practices and policies have created a dangerous environment for workers, victims can also seek to have those policies changed. For example, you can ask that a company be required to have an anonymous tip line to report future cases of sexual harassment.
- Attorney’s fees and costs. Many people avoid contacting an attorney because they believe it will be too expensive. However, most settlements and verdicts include an amount for attorney’s fees and costs.
State Limits on Sexual Harassment Damages
Depending on where you live and work, your state may also impose limits on workplace sexual harassment settlements or verdicts. For example, Florida law limits awards of punitive damages to $500,000, and some pain and suffering damages may also be limited. California has some of the most protective workplace sexual harassment laws in the country and also doesn’t place limits on sexual harassment awards.
Federal Limits on Sexual Harassment Damages
Even if there are no state limits on damages, federal law applies limits on both punitive and compensatory damages depending on the number of employees the defendant has. For example, there is a limit of $50,000 for workplaces with 15 to 100 employees. That limit increases to $300,000 for workplaces with more than 500 employees.
FAQs
Are Victims of Workplace Sexual Harassment Entitled to Damages?
Yes. If an employer fails to address or prevent workplace harassment, they may be held liable for damages.
How Much Can I Receive From a Sexual Harassment Claim or Lawsuit?
Every case is different. How much you can receive will depend on a variety of factors, such as the type of harassment, its length and severity, and your physical and emotional consequences.
How Can I Maximize My Sexual Harassment Settlement?
You have the best chance of securing a positive case outcome by documenting everything as thoroughly as possible, working with a seasoned sexual harassment attorney, and taking action immediately.
Contact an Attorney To Discuss Your Damages After Suffering Workplace Sexual Harassment
If you’ve suffered sexual harassment in the workplace, you have the right to justice. This includes pursuing full and fair compensation for your damages. If you have questions about the compensation you can recover after experiencing this unjust treatment, an experienced employment law attorney can explain your rights and guide your case to the most favorable outcome possible. Contact us today or call (619) 237-3490 to schedule a free consultation to learn more about your options.