Employer Liability For Sexual Harassment/Hostile Work Environment FAQ
Employer Liability - Sexual Harassment Laws
The different laws and statutes provide for damages that differ which likely affects a companyâ€™s evaluation of the case. For example, some laws only permit recovery of actual and out-of pocket damages while others permit recovery of punitive damages, compensatory damages and attorneyâ€™s fees. A jury is also not provided by all of the different laws and statutes. Whether the case is tried to a judge or a jury significantly impacts an employerâ€™s evaluation of the case.
The total number of employees that an employer has often determines what laws apply to them at all. Similarly, where damages are capped, the number of employees typically determines the total amount of damages that a particular employer would be exposed to in the event of a verdict on behalf of the victim.
To understand an employerâ€™s possible financial exposure requires a thorough analysis of the forum where the charge of discrimination is filed as well as the court or administrative agency where the case is pending.