Sexual Harassment Cases Hinge on Proving Pervasiveness

The biggest new story of the week is the sexual harassment allegations filed against Herman Cain over 12 years ago, and the subsequent settlement received by the victims. Although the accounts by Cain may vary, one thing is certain; the women were given a monetary settlement in exchange for their silence.

Cain’s supporters say that these lawsuits may be frivolous, but in order for a harassment case to go forward the victims and their sexual harassment attorneys must be able to prove that the harassment is pervasive and disruptive.

In order for a victim to file a formal lawsuit, the incidents cannot be a one-time sexual comment or gestures. The harassment must be repeated and pervasive and cause the victim serious emotional distress along with making the workplace hostile. This hostility is one of the reasons that sexual harassment lawyers are able to obtain compensatory damages for their clients.

Before a federal court will hear a case of workplace sexual harassment, the accuser must first report the incidents to their employer. The majority of employers have a set of protocols they must follow when a complaint is lodged, including an investigation and reprimand of the accused if the allegations are proven to be true.

Before a federal court will hear a sexual harassment lawsuit, the accuser must file a complaint with the Equal Employment Opportunity Commission. The victim’s sexual harassment attorney must also be able to prove that the employer did not take action to halt the harassment or reprimand the accused.

A person may be able to file a lawsuit but if the allegations aren’t found to be serious, the courts will most likely dismiss the case. People do file frivolous lawsuits, but the people who lodge sexual harassment cases must follow strict guidelines in order to have their cases heard.