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If A Company Has A Harassment and Discrimination Policy Does It Impact A Civil Lawsuit Regarding Sex Or Gender Discrimination?

If a company has harassment and discrimination policies in place, it can affect a civil lawsuit in several ways. If the company has a good policy and abides by it then there is a good chance that they will properly address any such issues before they get too far, and well before it could ever get to the point of a lawsuit. In addition, simply raising the issue with the employer may resolve it. However, if they have a bad policy or no policy at all, it may reveal that they don’t take these matters seriously. In this case, a company becomes more vulnerable to a lawsuit because they appear to allow sexual discrimination or harassment to go on without having any clear rules against it. A detail such as this could significantly help the plaintiff in a lawsuit.

If an employer does have a policy, but it is not effective or the company doesn’t enforce it, it could make them look even worse. It could appear the employer is simply pretending to have a plan in place for the sake of appearances, while in truth it does not care to take these matters seriously. An experienced attorney can establish whether they have legitimate policies and procedures in place and whether such policies are properly enforced.

What Are Potential Remedies Available To Someone Who Is A Victim Of Sex Based Or Gender Based Discrimination?

Potential remedies for victims of sex or gender-based discrimination depend on the circumstances. In most cases, there may be financial compensation for any damages, including for emotional distress, medical expenses, or therapy. It can also involve “back pay” or reinstatement to a job position. In addition, it could involve an injunction by the court to prohibit the company from repeating its offense or requiring them to take any necessary steps to increase equity in the workplace. In an educational context, it could also include reinstatement at the school. It could also include accommodations to a curriculum, or involve repayment of any litigation cost, out-of-pocket expenses, attorney fees, and in some of the more extreme cases, punitive damages.

What Does A Judge Or Jury Look At To Determine The Amount Of Punitive Damages That Are Awarded To A Victim Of Discrimination In Egregious Cases?

When considering the amount of punitive damages awarded to a victim of discrimination, the court will look to two main points. First, the court will consider the egregiousness of the conduct. Second, they will consider the financial net worth of the perpetrator.

When considering how egregious the conduct was, the court should base their decision on the facts of the case. For an example in the context of sexual harassment at the workplace, there are some specific questions you might want to ask. Did the boss know about it? Did the management know about it? Did management ignore complaints? Did the boss or management participate in it? Was there retaliation against the employee when the employee made the complaint? Did management ignore their own policies and procedures? These details, and more, all contribute to the perceived egregiousness of the violation by a California court.

For example, if a boss was engaged in unwanted physical touch with an employee, that would be considered more egregious than a boss who makes inappropriate verbal comments about a victim’s body. It doesn’t mean that in both of those cases there could be punitive damages, but offensive touching and groping would certainly be considered more egregious than spoken words. The frequency in which the violation occurs also carries weight in this decision.

When it comes to verbal acts, the egregiousness of the specific words used is considered by the court. For example, if someone uses generally foul language that sometimes makes people uncomfortable, it will not be considered as egregious as someone using a deliberately racist slur.

The other factor when determining the amount of punitive damages is the net worth of the perpetrator. If it’s a large corporation or institution, it may be worth millions or even billions of dollars. Punitive damages are designed to make an example of the perpetrator and to ensure that the offense doesn’t recur. Therefore, the dollar amount required to make such an example will vary depending on the net worth of the offending party. If it’s a business that must pay punitive damages, it will generally require more extensive penalties than an individual. Ultimately, the court will have the final say in the amount of punitive damages awarded.

For more information on Affirmative Action Plans For Businesses In CA, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (213) 257-8999 today.

Fair Employment Lawyers at Kaplan Weiss LLP

Call Now For A 30 Minute Case Evaluation
(213) 257-8999