Unless a victim of sexual harassment is bound by an arbitration agreement, she will have the choice of a trial before a judge or trial by jury. A commonly held view is that a sexual harassment victim will obtain a larger award from a jury if she appears sympathetic and the jury is angered by the sexual harassment she endured. The perception of many lawyers is that juries, unlike judges, are more likely to be swayed by their emotions, while judges may be more logical in reaching a decision. If one side chooses a jury, the other party will be bound by that decision.
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