Plano, TX – The amount of compensation available to anyone who files a lawsuit can vary greatly depending on the specifics of their situation. Most times, there is a fact intensive inquiry related to specific losses, and the plaintiff must be able to give evidence related to any compensatory or economic damages. However, for sexual harassment cases there are a few specific types of damages available, and federal claims also have an absolute damage car that varies with the size of the employer.
Lost wages and income
The main type of compensation that is available to victims of sexual harassment is payment for various types of losses related to their income and job duties. This can include wages that were lost as a result of the illegal behavior, costs associated with finding new employment, benefits that were not paid properly, and additional sources of potential income such as lost promotions. There are also ways to calculate potential future lost income and front pay if the victim left their job and cannot be returned to their old position for any reason.
In all civil cases, it is possible that a defendant can be made to pay punitive damages as a punishment for illegal behavior that is malicious, reckless, or intentional. However, these kinds of damages are not always awarded, even if the plaintiff is successful. There needs to be a finding that the employer or at least their human resources department knew about incidents of sexual harassment, but did not correct the problem.
Damage limits on federal harassment claims
All sexual harassment lawsuits have absolute damage caps that vary depending on the size of the employer. This means that the victim’s compensation will not exceed these amounts even if their actual costs for economic and punitive damages were higher. For employers with between fifteen and one hundred employees this limit is $50,000. When the employer has over one hundred, but less than two hundred employees, the cap is set at $100,000. For very large employers with over 500 employees, the limit is $300,000. This means that harassment victims should not expect to receive millions of dollars from their employer regardless of the gravity of their behavior.
As with most civil cases, the losing party must pay the other side’s court costs and attorney’s fees.
Assistance with a labor law case
Moore and Associates is a trusted employment law firm that deals with discrimination, harassment, and unpaid wage claims in Plano and other parts of Texas. Their attorneys can provide guidance throughout the process to sue a workplace.
Firm contact info:
440 Louisiana Street, Suite 675, Houston, TX 77002