If you were a victim of harassment while in the employment of an out-of-state employer, you may be forced to try your sexual harassment lawsuit in federal court even if you filed the lawsuit in state court. There are many differences between state and federal court. One of the biggest differences is with respect to jury trials. In federal court, the jury must reach a unanimous decision for the plaintiff to prevail. To prevail in state court, agreement between only nine out of 12 jurors is sufficient. Many lawyers perceive federal court as a safer forum for out of state defendants and plaintiffs. No matter how good (or bad) your sexual harassment case may be, you can’t predict with any certainty whether you will win or lose.
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