How Much Is Your Sexual Harassment Case Worth?

Back pay includes wages, additional compensation, fringe benefits and other economic damages from the date of the detrimental employment decision to the date of judgment or settlement. When calculating restitution for back pay, consider the following:

• Lost wages and raise you may have received
• Benefits such as life and health insurance
• Commissions, bonuses or tips
• Vacation and sick pay
• Retirement or pension contributions
• Stock options, profit sharing and other vested interests

Like front pay, the plaintiff has a duty to make good faith efforts to mitigate any losses, such as taking reasonable steps to find another job after quitting or losing the previous position. If you’re unable to secure new employment, you may be entitled to claim your lost wages in full. However, if you find a new job, your back pay award may be reduced by the amount of your earnings.

Whenever you encounter any form of sexual harassment or workplace discrimination, the goal of the law is to put you in the same or nearly the same position as you would have been if the incident had never occurred. In addition to or in place of assuming your deserved role at work, the court may order the payment of money.

Besides the losses the plaintiff incurs, like front and back pay, the court may order the defendant to pay damages to the plaintiff. The damages may be compensatory or punitive, depending on their purpose. For example, the court awards compensatory damages to compensate the plaintiff for their injuries. This includes compensation for pain and suffering, such as emotional and mental anguish, inconvenience, reputational harm and general expenses like job search and medical bills.

On the other hand, punitive damages punish the employer or harasser for their harmful conduct. Typically, the court will grant punitive damages where the act was egregious, such as fraud, lies and other serious misconduct. An example might be a situation where the employer terminates an employee’s contract after the latter refuses several sexual advances, then proceeds to spread unfounded rumors about the employee alleging drug use and theft.

The court may also award punitive damage where your employer knew of the harassment but ignored or refused to take steps to correct the situation. If human resources or a person in upper management knew of the problem but failed to take action, the court may deem the employer to be aware of it.

Federal law limits the compensatory and punitive damages a person can recover. The limits typically depend on the size of the employer. Therefore, a person may recover up to:

• $50,000, where the employer has 15 to 100 employees.
• $100,000, where the employer has 101 to 200 employees.
• $200,000, where the employer has 201 to 500 employees.
• $300,000, where the employer has more than 500 employees.

The Pennsylvania Human Relations Act (PHRA) does not provide a cap on the amount a person may claim as compensatory damages. However, the Supreme Court has held that punitive damages are unavailable under the PHRA. This makes it crucial to know the requirements under the various sexual harassment laws.

You may claim attorneys’ fees and costs, including filing fees if you win your sexual harassment case. The court may require your attorney to present a statement of their services to ensure the fee request is reasonable.