What Kind of Damages are Awarded in Sexual Harassment Lawsuits?
If you are the victim of sexual harassment, you can file a lawsuit claim money damages from your employer. There are five different kinds of compensation that a winning sexual harassment plaintiff can receive. You should speak to an experienced lawyer to determine what types of compensation apply to your case.
Back Pay
The first kind of damages a winning sexual harassment plaintiff can receive is called “back pay.” If you are fired because you won’t comply with your employer’s sexual demands, or if you quit because you can’t tolerate them, you may lose income if you can’t find another job. You have a duty to search actively for new work, but if you can’t find suitable work you can claim back pay from your employer, which means they must compensate you for all the earnings you have lost until the time of your trial, with interest. You may also lose out on a raise if you don’t comply with your employer’s sexual demands, and this also could give rise to a back pay claim.
Front Pay
If by the time of your trial you still have not found replacement work despite diligent searching, you may be able to recover front pay. This means that the court will determine how long you are likely to be without work in the future, and compensate you for all of that lost income as well. Your employer may choose to offer you reinstatement rather than pay a large award of front pay, but if you believe the work environment is intolerable you may not be obligated to accept such an offer.
Pain and Suffering
Even if you don’t lose out on any income due to sexual harassment, you can still claim money damages if you experienced emotional or physical pain and suffering because of the mistreatment. You should consult a medical doctor immediately if you believe you have experienced this type of trauma, and the doctor will testify at your trial to confirm your problems. Then the court will determine an appropriate amount of money to fairly compensate for your past and future suffering.
Punitive Damages
If you can show that the employer’s actions were willful and intentional, federal law and some state and local laws allow you to make a claim for punitive damages. Such damages are not to compensate you but rather to punish your employer, so as to make them understand that the mistreatment must stop. Such damages are calculated based on the income of your employer and can be very substantial.
Attorneys Fees
The last kind of compensation you can obtain is attorneys fees. The law provides that if your attorney represents you successfully he or she can force your employer to pay all the fees for his or her work. It is up to the court to decide whether a winning attorney can receive a fee award, and if so how much. But if your attorney gets such an award, it might allow you to keep more of your own award yourself rather than sharing it with your attorney.