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Practice Areas: Employment: Sexual Harassment Litigation

 

Juror Expectations in Sexual Harassment Litigation
Sexual harassment litigation is unique because it is very personal and deals with sensitive issues. Jurors have strong views about this issue and have certain expectations from employers, which include:

bullet Procedures must in place
bullet Procedures must be in writing
bullet Procedures must be followed
bullet An adequate investigation must be done
bullet No retaliation should have occurred
bullet The company must be consistent in its treatment of employees

A number of factors affect the defense's ability to prove harassment did not occur or that the company acted properly, including:

bullet Credibility of Plaintiff
bullet Credibility of company witnesses
bullet Timelines of complaint
bullet External validation of behavior (i.e., the plaintiff told others)
bullet Adequacy of company response
bullet Consistency
bullet Common sense
bullet Ulterior motives

 

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