Thousands of Reasons to Root Out Sexual Harassment | Practical Law

Thousands of Reasons to Root Out Sexual Harassment | Practical Law

The University of California, Berkeley is making headlines over its alleged mishandling of sexual harassment claims. Unflattering headlines are not the only consequences of sexual harassment allegations. Workplace harassment results in numerous legal claims every year, often leading to costly settlements and jury awards against employers. Practical Law has updated Practice Note, Individual Sexual Harassment Jury Awards and Settlements Chart: Overview to reflect jury verdicts and settlements for sexual harassment claims filed in federal courts from 2004 to March 2016. Additional resources help employers follow up with proactive steps to promote compliance.

Thousands of Reasons to Root Out Sexual Harassment

Practical Law Legal Update w-001-8994 (Approx. 5 pages)

Thousands of Reasons to Root Out Sexual Harassment

by Practical Law Labor & Employment
Published on 19 Apr 2016 • USA (National/Federal)
The University of California, Berkeley is making headlines over its alleged mishandling of sexual harassment claims. Unflattering headlines are not the only consequences of sexual harassment allegations. Workplace harassment results in numerous legal claims every year, often leading to costly settlements and jury awards against employers. Practical Law has updated Practice Note, Individual Sexual Harassment Jury Awards and Settlements Chart: Overview to reflect jury verdicts and settlements for sexual harassment claims filed in federal courts from 2004 to March 2016. Additional resources help employers follow up with proactive steps to promote compliance.
With the recent resignation of The University of California, Berkeley's executive vice chancellor and provost in the wake of criticism over handling of sexual harassment allegations against the law school's dean, sexual harassment is making headlines once again. However, it is not challenging to find sexual harassment allegations in the news on any given day. Bad press is not the only consequence for employers that may fall short of properly handling sexual harassment matters. Consequences can include significant financial losses.
Practical Law's Practice Note, Individual Sexual Harassment Jury Awards and Settlements Chart: Overview helps employers' and plaintiffs' attorneys better understand the types of jury verdicts and settlements that have been levied against employers for sexual harassment claims filed in federal courts from 2004 to March 2016. As the chart explains, damages can climb to seven figures, which should make any employer take note.
Practical Law's chart can help attorneys communicate to clients or business leaders, in concrete terms, the financial consequences of failing to root out unlawful sexual harassment. Those consequences may include:
  • Back pay. Back pay compensates an individual for pay she would have received up to the time of a settlement or court award but for the employer's illegal actions.
  • Front pay. Front pay compensates an individual for pay she would have received after the date of a settlement or court award but for the employer's illegal actions.
  • Compensatory damages. Compensatory damages compensate for injuries sustained or replace losses caused by a wrongful action. These can include damages for physical injury, emotional distress, and pain and suffering. Physical injuries in employment-related claims can include actual physical injury caused by an assault or, more commonly, physical injuries or physical sickness caused by a workplace environment or employer actions. Physical sickness claims are sometimes associated with claims of emotional distress.
  • Punitive damages. These damages are meant to punish the employer for wrongful conduct and to deter the employer and others from similar misconduct.
  • Pre- or post-judgment interest. A court may award prejudgment interest as part of damages awarded to a successful plaintiff in an employment-based lawsuit. Parties to a settlement agreement may also agree to add interest to a settlement amount, depending on the length of time it takes to settle the dispute.
  • Injunctive relief. This type of nonmonetary relief in an employment-based dispute may include job reinstatement.
  • Nominal damages. These are minimal money damages awarded to an individual in an action where the person has not suffered any substantial injury or loss for which he or she must be compensated.
  • Attorneys' fees & costs. Individuals making employment-related claims typically request reimbursement of attorneys' fees and costs. Certain statutes (commonly called "fee-shifting statutes") allow courts to award attorneys' fees to the prevailing party (for example, Title VII).
The resource also includes information about:
  • Orders to remit jury awards.
  • Which claims were considered during trial or during settlement negotiations.
  • When available, awards or settlements of attorneys' fees and costs.
Beyond simply creating awareness of risk, Practical Law also offers a variety of additional resources to help employers prevent and respond to sexual harassment, including:
For additional resources, see Sexual Harassment Toolkit.