Defense: settlement and release agreement

Oftentimes, an employer will offer money or other benefits to a victim of sexual harassment in exchange for a written agreement to give up her sexual harassment claims. This is known as a “settlement and release.” If you sign such a document, you will likely be precluded from bringing your sexual harassment claims to court. Always consult an attorney before signing a settlement and release or severance agreement to find out how it will affect your rights.

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.

Defenses to Sexual Harassment Claims:

• Workers compensation
• Settlement and release agreement
• Avoidable consequences doctrine
• Mitigation of damages
• Faragher / ellerth
• After-acquired evidence
• Failure to exhaust administrative remedies
• Statute of limitations and the “continuing violations” theory
• Consent
• Counter claims

Sexual Harassment Topics:

• Sexual harassment generally
• The laws against sexual harassment
• Types of harassment
• Defenses to sexual harassment claims
• Your lawsuit

Your free consultation with one of our attorneys is just a phone call away. You can reach us any time of day at

An experienced sexual harassment lawyer is standing by to fight for you.

Office Locations

The Spivak Law Firm only accepts California, Washington D.C., and New York cases.

For further information about your rights at work Click Here