Posted On: November 4, 2011

Cost Of Defending A Sexual Harassment Lawsuit

Now that Presidential candidate Herman Cain is being accused of sexual harassment by three different former employees sexual harassment in the workplace is on the forefront. In the Cain case, two former employees settled their claims for an undisclosed amount of money in return for signing a confidentiality agreement. So what is the true cost of settling a sexual harassment case? Well first there is the amount of money you are going to pay the victim. Second, you are going to incur legal fees from your own attorneys which can be substantial. And lastly you are going to have the settlement hang over your head in the future. Case in point the Cain case.

If the company did not settle the sexual harassment claims with Cain's alleged victims, the company could have fought and if they prevailed the facts would be public and Cain would be vindicated. Instead, the facts are hidden and in dispute. So did Cain really sexually harass the women or not? That question is now on the table because the case was settled with a confidentiality agreement. In Illinois a sexual harassment complaint can be filed with the Illinois Department of Human Rights ("IDHR") or the Equal Employment Opportunity Commission ("EEOC"). If you file with the IDHR they will cross-file with the EEOC so you get a two for one. In any event, the true cost of a sexual harassment case may not be determined by crunching the numbers as evidenced by the Cain case.