Law Library | Attorney Advertising | Financial Services | Affiliate Program | Blawg
Find the Right Lawyer Now:
Damages in Sexual Harassment Cases
Pursuant to Title VII of the Civil Rights Act of 1964, sexual harassment is a form of sex discrimination occurring in the workplace. Some new laws are finding sexual harassment where there is a relationship of trust existing between doctor and patient, attorney and client, landlord and tenant, and so forth.
Sexual harassment consists of sexual advances that the actor knows or has reason to know is unwelcome. Generally then, sexual harassment can only occur after the first advance, i.e., upon the actor learning of the victim’s sexual disinterest. The victim must actively show that the advance is unwelcomed – he or she cannot just sit there stoically bearing the situation. Any reciprocal behavior shown by the victim such as flirtation, removal of clothing, or the use of sexually explicit language will be a defense in the actor’s favor.
Victims of sexual harassment are generally entitled to all available remedies and damages under the law of tort. First, victims are entitled to compensatory specific damages such as loss of employment ability, loss of wages, medical expenses, and other economic misfortune as a result of the harassment.
Next, victims of sexual harassment are entitled to emotional general damages, such as intentional infliction of emotional distress. The jury will consider all facts and circumstances in awarding emotional damages. Lastly, victims of sexual harassment are entitled to collect punitive damages where the harasser’s misconduct is particularly egregious, outrageous, malicious, or otherwise shocks the jury’s conscious. Punitives may also include reasonable attorney’s fees.
Consult a Lawyer - Present Your Case Now!
Find the Right Lawyer Now:
Did you find this article informative?
