Herman Cain has been dominating the news for all the wrong reasons. It seems that women are coming out of the woodworks accusing the presidential hopeful of sexual harassment. To some (mainly Cain supporters), the accusers are engaged in a desperate money or power grab.
So you may be wondering how much does a sexual harassment lawsuit pay?
According to Slate, one of the women who accused Cain of sexual harassment at the National Restaurant Association received a $45,000 settlement. Another accuser received a $35,000 settlement. This appears to be around the norm for payouts in the Chicago area.
A study of Chicago sex harassment lawsuits found that the average settlement came to about $53,000 with a median of about $30,000.
However, plaintiffs who win their cases at trial take in significantly more averaging about $217,000, reports Slate. While this amount is higher, it is still nothing to plaintiffs who've heard about the $95 million sex harassment judgment.
Generally, factors that can help increase a settlement amount include:
- strength of the claim
- whether the lawsuit has survived a motion to dismiss
- number of victims
- type of harassment involved
- whether the EEOC is on your side
Obviously, the stronger your claim, the more you'll likely receive in a settlement. That's because the employer will do whatever it takes to avoid going to court. And if you do go to court, surviving the employer's attempt to dismiss your claim could add a zero or two to your settlement check. A court rejecting the motion to dismiss adds credence to your claim.
In addition, the more victims there are in a claim, the more likely a jury will believe the claim, and so making a settlement amount that much larger. One rogue employee can make up a claim, but it's far less likely that three or thirty employees would invent a claim.
Finally, Slate reports that quid pro quo harassment claims pay more. This is just sexual harassment that involves trading sexual favors for job favors; e.g., have sex with me and you'll receive a promotion. Additionally, you want the Equal Employment Opportunity Commission (EEOC) to back your sexual harassment lawsuit as EEOC settlements tend to pay twice as much.
Related Resources:
- Find a Chicago Employment Attorney (FindLaw)
- Employee Rights: Sexual Harassment (FindLaw)
- Ask A Question about Employment Law now (FindLaw Answers)
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