Settlements for sexual harassment claims against California employers can result in payments of $36,000 to $300,000, though many cases will fall below or above this range. Clearly, there is significant variation in values from one case to another, and this has to do with multiple factors, which include:
- The type and severity of harassment
- The nature of the industry you work for
- Physical, emotional, and financial harm resulting from the harassment
- Skill and experience of the lawyer handling your claim
Sexual harassment cases that go to trial may result in jury awards of $1,000,000 and above. Keep in mind, however, that going to trial is a last resort, as reaching a settlement out of court is the most efficient method. Furthermore, payouts that exceed $500,000 typically involve punitive damages, which are only awarded when the employer’s conduct meets the standard of gross negligence or misconduct.
Grounds for a Sexual Harassment Lawsuit
California law classifies sexual harassment as a form of sex discrimination, which is illegal under both state and federal laws. Harassment of a sexual nature can be exemplified in many ways, including solicitations for sexual favors, unwelcome comments and physical contact, and emails / texts of a sexual nature. Here are three main categories of sexual harassment in the workplace:
Quid pro quo:
a supervisor or coworker makes a direct offer or implies that they will provide some sort of employment benefit in exchange for sexual favors
Retaliation:
the employer takes punitive actions (termination, demotion, etc.) against an employee that complains about, files a claim, or participates in an investigation on sexual harassment in the workplace
Hostile work environment:
the employer creates or contributes to a work environment that is offensive, intimidating, and hostile. For example, the targeted employee of group of employees are constantly subjected to sexual comments, gestures, unwelcome advances, and displays of sexually inappropriate material.
Initiating the Settlement Process for a Sexual Harassment Case
If you are a victim of sexual harassment at your job and want justice under the law, here are the steps we recommend:
Collect evidence:
gather any and all evidence that supports your allegations of harassment, like emails, DMs, texts, statements from witnesses, photos, and video footage.
Talk to an Employment Lawyer:
You are not required to have legal representation, but you should at least consult a lawyer for advice, considering that the settlement process can be very complicated. A workplace sexual harassment lawyer can review the evidence you have and evaluate the strength of your case. That way, you can learn about the available legal options and decide on the best course of action.
File a complaint:
Make sure to file a complaint with the California Department of Fair Employment and Housing (DFEH) or the federal government’s Equal Employment Opportunity Commission. We strongly recommend that you hire an attorney to help you with the claims process.
Negotiate with the other party
: After filing the complaint, you can begin the process of negotiating with the other party. The idea is to exchange settlement offers until both sides agree on the amount of compensation. Your employer will try to undercut the amount they have to pay, so it’s important to have a lawyer who can fight for your interests.
Settlement agreement:
if you and your employee come to an agreement, you will both sign off on a settlement agreement. This is legally binding, so it’s in your best interest to discuss the terms of the agreement with your lawyer before you accept the offer.
Factors that Affect Sexual Harassment Settlement Values
There are a multitude of variables that impact the amount your case will settle for. The severity of harassment and how it has impacted your mental and physical health are the most important factors. The degree of psychological trauma will play the most significant role when it comes to how much compensation you can demand.
How long the harassment went on is another issue that can increase the settlement amount. Essentially, harassment that took place over 1 or 2 years is likely to result in higher compensation than a case where the victim was harassed for a couple of months. Prolonged harassment can cause significant emotional distress and mental health issues that remain with the victim for many years – possibly, the rest of their life.
Harassed employees can also ask for the value of lost pay and benefits if they suffered adverse employment actions, like being fired because they filed a sexual harassment complaint with Human Resources or tuned down repeated advances for sexual favors from their supervisor. Claims against major corporations generally have the highest payouts, as they have the resources to pay 6 and 7 figure settlements.
Is There a Limit on How Much I can Receive from a Sexual Harassment Lawsuit?
The state of California does not impose a limit on how much you can obtain from a sexual harassment claim, but limits do exist at the federal level.
The total sum you end up with may come from a settlement or judgement, but either way, there are numerous factors that contribute to the amount.
Under the federal guidelines, the maximum amounts from a workplace sexual harassment claim are as follows:
- $50,000 for companies with 15 to 100 employees
- $100,000 if the employer has 101-200 employees
- $200,000 for employers with 201-500 workers
- $300,000 if the company has more than 500 employees
What Kind of Lawyer Should I Hire?
Help from a legal expert is crucial to anyone who is subjected to sexual harassment in California. But what is the right type of lawyer to help you file a lawsuit and hold your employer accountable?
To maximize your chance of a successful outcome, hire an employment law attorney with many years of experience in sexual harassment cases. This type of lawyer is familiar with the process of filing a claim the EEOC and DFEH. They can also help with building a strong case by gathering evidence, questioning witnesses, and negotiating a favorable settlement with your employer. Your lawyer should be prepared to take your case to trial, but it should be noted that over 90% of these cases are settled by private negotiations.
Legal Advice from a Los Angeles Employment Attorney
Finding a compassionate, experienced employment lawyer can be a difficult task for those who are not familiar with the legal system. To see if we are the right law firm to represent you, please consider meeting with us for a free case review. That way, you can learn more about us and our approach to obtaining justice for those who are sexually harassed at their workplace.
We do not charge clients upfront, and instead, wait to receive a percentage of the money you receive from a successful claim. That way, you lose absolutely nothing in the event we fail to recover your payment. This is all part of the Zero Fee Guarantee, which you are protected by from the moment you contact us.
Our legal team is here to help, 24 hours a day, 7 days a week. Please reach out and speak to a lawyer that specializes in sexual harassment and other employment rights violations.
