If you have faced sexual harassment in the workplace, there are remedies available to you. There are resources available to help you get your sexual harassment case on track. How you can remedy the situation is dependent on where you lost your employment opportunity – during the hiring process, during a promotion opportunity, or after you have been with the job for several years. Where you lost your employment opportunity will affect the process you follow and how you should respond to the situation.
With the guidance of a sexual harassment attorney who handles employment law cases, you can make sure all your evidence and documentation are properly preserved and your case is on track in a timely manner. Be sure to jot down details about the incident, including the specifics such as the date and time, what was done and said, and who were the witnesses. You will want to maintain thorough records that support your claim and that provide the necessary evidence for your case to be successful.
Title VII Remedies For The Victim
Under Title VII, there are numerous remedies available to the victim. If you prevail in a sexual harassment claim, you can recover a variety of damages. Here are some of the more commonly claimed damages that are recovered in such situations:
- Loss of future earnings
- Back pay – which covers lost pay and benefits that you would have received if the adverse action hadn’t occurred – that is from the date of termination or demotion until the date of the ruling
- Compensatory damages – these are damages that compensate emotional distress and harm to one’s reputation because of the sexual harassment
- Equitable relief, such as an order reinstating your employment
- Court costs and attorney’s fees
If the victim was fired, or forced to quit, lost wages compensation would include all or some of their lost wages or salary, lost pensions and other benefits, any lost overtime, lost pension and retirement benefits, and bonuses. If he or she was denied a promotion, then the higher rate of pay will come into play. Any lost wages or benefits related to the sexual harassment act are also calculated.
You can also recover your expenses. This may include your medical expenses – this can be for therapy or psychological care. It can include travel expenses, the cost of preparing the report, the cost of the medical experts to testify, and any wages or tips lost because of the mandatory attendance at the hearing.
Compensation for emotional distress and mental anguish is available for victims who might have been sexually harassed and who suffered emotional injuries in addition to their financial damages and despair. Victims can recover compensation for emotional injuries. These damages are based on the aggressiveness and if there was any physical contact, frequency of any harassment, the victim’s vulnerability, and the psychological impact of the incident on the victim.
The legal expenses can add up quickly. Often, an employment lawyer will work on a contingency basis but at other times the lawyer will work for an hourly rate. If the court rules in your favor, they may make your employer cover all the legal costs and that way, it will not cut into your award. Your sexual harassment attorney will ask for these damages, and this can be very helpful to your overall settlement amount. Your lawyer will keep track of all these costs and fees, so this can be provided to the court.
How An Employment Lawyer Can Help
If you have been the victim of sexual harassment in the workplace, you should enlist the help of a sexual harassment attorney who is licensed to handle such cases in your state. With the help of an attorney, you are much more likely to recover compensation for your damages. When you enlist the help of an employment lawyer, be sure to go over their payment schedule. Some of these attorneys work on a contingency basis, which means that they are only paid if, and when, you win your claim. Other attorneys work for an hourly rate.
There is a strict time limit for pursuing a sexual harassment case after you have been a victim to inappropriate harassment or discrimination in the workplace. Complete the Free Case Evaluation Form on this page to have the details of your case shared with a lawyer in your area who can review the details of your case and determine the best way to proceed with your claim.
