Other Damages Available for Sexual Harassment And Retaliation Victims

Generally, the following damages are available to victims of sexual harassment and/or retaliation: backpay, lost benefits, lost retirement/401K benefit, subsequent job search expenses, mental anguish/emotional distress damages, out-of-pocket expenses, expenses for medical treatment, psychiatric treatment and counseling, diminished earning capacity resulting from the harassment.

Where termination or a demotion occurred, the courts typically reinstate the victim to the position that she/he would have had absent the harassment and/or retaliation. In particularly egregious cases, courts would award punitive damages. Most civil rights laws also permit successful sexual harassment claimants to recover all or part of their attorney’s fees and legal expenses.

In sexual harassment cases, the specific damages that are allowed as well as the standard of proof are governed by the specific laws under which the lawsuit is brought. Some laws have caps on damages while others do not. Punitive damages are awardable under some statutes but not by others. Similarly, some statutes only permit recovery of actual damages and not mental distress damages. As such, it is important to consult an experienced employment sexual harassment attorney at the outset to evaluate the proper course to follow depending on the jurisdiction and laws.

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