California Sexual Harassment Law: Important Factors and Remedies on Sexual Harassment Cases

Some things that courts and juries examine when in assessing sexual harassment and discrimination cases are:

  • Frequency of the harassment
  • Severity and offensiveness of the harassing behavior
  • Did the victims act reasonably in the situation, i.e., whether the victim
  • appeared to invite or consent to the harassment
  • Context and circumstances of the alleged harassment
  • The size and nature of the employers business
Examples of Harris & Kaufman’s Sexual Harassment Cases

Some of Harris & Kaufman’s sexual harassment cases include:

In a department store, a male supervisor of a female employee solicited sex from her, graphically discussed his sex life, and would rub her arms and shoulders. After she complained, the supervisor was fired. However, she then was rescheduled to the graveyard shift, received poor performance reviews, and did not get promoted. She sued for sexual harassment and retaliation.

At a car dealer, a male supervisor solicited sex from a male salesman. The salesman refused. After the salesman complained to human resources, he received poor performance reviews and was ultimately terminated. He sued for sexual harassment, failure to prevent harassment, and retaliation.

Remedies for Employees Who Are Sexually Harassed

Employees who are subject to unlawful termination and harassment may be able to recover the following:

  • Past lost wages and other benefits
  • Future lost wages and benefits
  • General damages. This includes emotional distress and pain and suffering
  • Punitive damages
  • Attorney’s fees