Remedies for sexual harassment cases

Written by BRID DOHERTY, ALICE OLLINO, LATIFA AKAY, JULIA RIDEMARK, SALMA ELMASRY.

Reviewed by Akhila Kolisetty, Deborshi Barat and Natasha Latiff.

Lost wages

Payments to cover wages and benefits a victim would have earned from the date of the harassment to the date of the trial or settlement.[1]

[1] EEOC v. Boh Bros. Construction Co., Civil Action №09–6460

Future lost wages

Payments to cover wages and benefits a victim would have earned if there had never been a sexual harassment charge. This also includes future medical costs when the victim suffered psychological trauma as a result of the harassment.[1]

[1] Bongiwe Ntsabo v Real Security cc. (South Africa — 2000)

General damages for pain and suffering

Compensatory damages should consist in payments for the emotional pain and anguish suffered by the victim of sexual harassment.[1]

[1] Bongiwe Ntsabo v Real Security cc. (South Africa — 2000), Radebe v South Africa Metro Police (Arbitration case, South Africa, 2008)

Punitive damages

This should consist in payments to punish the employer for either sexually harassing the victim, or not taking adequate measures to prevent and stop the victim from being harassed by another employee.[1]

[1] Bongiwe Ntsabo v Real Security cc. (South Africa — 2000), Elliot v Nanda & the Commonwealth (Australia, 2000)