A court may award a victim of sexual harassment who prevails at trial the following forms of relief:
- Past and future lost wages
- Compensation for past and future medical and mental health care
- Compensatory damages for emotional distress, humiliation, pain and suffering
- Prejudgment interest
- Punitive damages
- Civil penalties
- Attorney’s fees
- Costs of suit
- Expert witness fees
Victims of sexual harassment may also apply for restraining orders and injunctions to prevent the harasser from contacting them.
If you prevail in your claim for sexual harassment at trial, most likely you will have to pay taxes on your settlement or award. However, you should see a tax professional to determine whether and the extent to which you will have to pay taxes on your settlement or award. Generally, any award of damages unrelated to physical injuries is taxable.
Your employer is not entitled to remedies of this kind if it defeats your sexual harassment lawsuit at trial. In March of 2015, California Supreme Court decided that an employer who prevails on a claim against it under California's Fair Employment and Housing Act cannot recover its attorneys fees or costs of suit unless it can establish that the lawsuit is groundless.
Not only is sexual harassment illegal. The law also prohibits:
- Racial harassment
- Religious harassment
- Age-based harassment
- Harassment based on disability
- Harassment based on ethnicity or national origin
- Retaliation
Most people are familiar with workplace sexual harassment claims. Harassment in professional, business, and educational relationships are also illegal.
Sexual Harassment Topics: